What is the burden of making a peremptory challenge based on race?
California, United States of America
The following excerpt is from The People v. Ludd, C061017, No. 05F06241, No. 07F11662 (Cal. App. 2010):
whether the defendant has made a prima facie showing that the prosecution exercised a peremptory challenge based on race. Second, if the defendant makes such a showing, the burden shifts to the prosecutor to demonstrate that the challenges were exercised for a race-neutral reason. Third, the court determines whether the defendant has proven purposeful discrimination. (People v. Lenix (2008) 44 Cal.4th 602, 612 (Lenix).)
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