What is the test for determining whether a peremptory challenge is on the basis of race?

MultiRegion, United States of America

The following excerpt is from U.S. v. Castro-Jaramillo, 127 F.3d 1107 (9th Cir. 1997):

Batson anticipates a three-step process for determining whether a peremptory challenge is made on the basis of race. See Purkett v. Elem, 514 U.S. 765, 767, 115 S.Ct. 1769, 1770-71, 131 L.Ed.2d 834 (1995). First, the opponent of the strike must establish a prima facie case of racial discrimination. See id. at 767, 115 S.Ct. at 1770. Next, the prosecutor, or defense counsel, must come forward with a race-neutral explanation of the challenge. See id. Finally, if a race-neutral explanation is made, the judge must decide whether the opponent of the strike has proved purposeful racial discrimination. See id. at 767, 115 S.Ct. at 1771.

Other Questions


What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a prosecution exercised peremptory challenges in a racially discriminatory manner? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether there is sufficient evidence to determine whether there was persecution against Elias Zacarias? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a prosecutor used a peremptory challenge to exclude a black juror? (MultiRegion, United States of America)
What is the test for determining whether a defendant has shown that the challenged information was the basis for the sentence? (MultiRegion, United States of America)
What is the test for determining whether an agency's silence is sufficient to determine whether a decision was arbitrary or capricious? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.