California, United States of America
The following excerpt is from People v. Gore, 18 Cal.App.4th 692, 22 Cal.Rptr.2d 435 (Cal. App. 1993):
The "Constitution forbids all forms of purposeful racial discrimination in selection of jurors." (Batson v. Kentucky (1986) 476 U.S. 79, 88, 106 S.Ct. 1712, 1718, 90 L.Ed.2d 69.) A defendant has the right to be tried by a jury whose members are selected pursuant to nondiscriminatory criteria. "Purposeful racial discrimination in selection of the venire violates a defendant's right to equal protection because it denies him the protection that a trial by jury is intended to secure." (Id. at p. 86, 106 S.Ct. at p. 1717.) When systematic exclusion occurs, the defendant is harmed, the excluded jurors are harmed, and the community is harmed because the public confidence in the fairness of our system of justice is undermined. (Id. at p. 87, 106 S.Ct. at p. 1718.)
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