What is the legal test for making a peremptory challenge under the Batson 3-step inquiry?

California, United States of America


The following excerpt is from People v. Dean, B258927 (Cal. App. 2016):

under article 1, section 16 of the California Constitution." (People v. Lenix (2008) 44 Cal.4th 602, 612.) "The Batson three-step inquiry is well established. First, the trial court must determine whether the defendant has made a prima facie showing that the prosecutor exercised a peremptory challenge based on race. Second, if the showing is made, 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. The ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike. [Citation.] The three-step procedure also applies to state constitutional claims." (Id. at pp. 612-613.)

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