What is the test for a finding of purposeful racial discrimination?

California, United States of America


The following excerpt is from People v. Hernandez, B266101 (Cal. App. 2016):

challenges. Thus, we review the trial court's determination at the third step of the process, namely, the conclusion defendant had not proven purposeful racial discrimination. At this stage of the process, "'the issue comes down to whether the trial court finds the prosecutor's race-neutral explanations to be credible. Credibility can be measured by, among other factors, the prosecutor's demeanor; by how reasonable or how improbable, the explanations are; and by whether the proffered rationale has some basis in accepted trial strategy.'" (People v. Lenix (2008) 44 Cal.4th 602, 613.)

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