What is a defendant's right to object to race-based exclusions of jurors effected through peremptory challenges?
California, United States of America
The following excerpt is from People v. Dunn, 40 Cal.App.4th 1039, 47 Cal.Rptr.2d 638 (Cal. App. 1995):
2 Although he is caucasian and the challenged jurors are black, defendant is entitled to object to race-based exclusions of jurors effected through peremptory challenges whether or not he and the excluded jurors share the same race. (Powers v. Ohio (1991) 499 U.S. 400, 402-403, 111 S.Ct. 1364, 1366-67, 113 L.Ed.2d 411, 419-420.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current standard for a defendant to demonstrate prejudice after properly preserving a claim that the defense used peremptory challenges to cure the erroneous denial of one or more for-cause challenges? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Does defendant have a religious objection to the exclusion of prospective jurors from a jury? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Is a defendant's failure to object to or seek clarification or object to the instructions he now challenges? (California, United States of America)
Does the Attorney General's claim that defendant forfeited his right to challenge CALCRIM No. 330 on appeal because he did not object to it at trial? (California, United States of America)
Does a defendant have to establish a prima facie case, or strong likelihood, that during jury selection impermissible group bias was the basis for the prosecutor's use of peremptory challenges to remove the only two African-American jurors? (California, United States of America)
What is the effect of a single discriminatory exclusion on a defendant's right to a representative jury? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
