What is the burden of purposeful discrimination against a plaintiff who was denied access to a jury?

California, United States of America


The following excerpt is from People v. Lewis, 141 Cal.Rptr. 614, 74 Cal.App.3d 633 (Cal. App. 1977):

10 Appellant erroneously relies upon People v. Superior Court (Dean), 38 Cal.App.3d 966, 972, 113 Cal.Rptr. 732, for the proposition that he need not show purposeful discrimination. At page 971, 113 Cal.Rptr. 732, the court itself states that the accused has the burden of showing systematic and purposeful discrimination. The court's other remarks were in the context of an attack upon the method of selecting members of the grand jury through personal nomination by the judges of the superior court, a system which offers greater possibilities for discrimination than the random methods used in selecting trial jury venires.

11 The jury panel for the entire courthouse consisted of 360 potential jurors.

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