What is the test for establishing a prima facie case of racial discrimination in the use of peremptory challenges?

California, United States of America


The following excerpt is from People v. Johnson, E060351 (Cal. App. 2015):

"A prima facie case of racial [or gender] discrimination in the use of peremptory challenges is established if the totality of the relevant facts '"gives rise to an inference of discriminatory purpose."' [Citation.]" (People v. Scott, supra, 61 Cal.4th at p. 384.) In determining whether the requisite prima facie showing was made, we consider the entire record before the court at the time the motion was made (ibid.), bearing in mind that "certain types of evidence may be especially relevant: '[T]he party may show that his opponent has struck most or all of the members of the identified group from the venire, or has used a disproportionate number of his peremptories against the group. He may also demonstrate that the jurors in question share only this one characteristictheir membership in the groupand that in all other respects they are as heterogeneous as the community as a whole'" (People v. Bonilla (2007) 41 Cal.4th 313, 342).

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