What is the burden of persuasion regarding discriminatory motivation?
California, United States of America
The following excerpt is from People v. Clark, B263500 (Cal. App. 2016):
345, 384; Purkett v. Elem (1995) 514 U.S. 765, 767.) "The ultimate burden of persuasion regarding [discriminatory] motivation rests with, and never shifts from, the opponent of the strike. [Citation.] The three-step procedure also applies to state constitutional claims. [Citations.]" (Lenix, supra, 44 Cal.4th at pp. 612-613.)
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