Can a prosecutor challenge for cause a prospective juror for cause?

California, United States of America


The following excerpt is from People v. Sánchez, 204 Cal.Rptr.3d 682, 375 P.3d 812, 63 Cal.4th 411 (Cal. 2016):

Defendant notes that the prosecution challenged for cause another of the Hispanic prospective jurors, E.S., who eventually became an actual juror, on the basis that the juror had difficulty understanding the proceedings. The court denied the challenge. A prosecutor (and indeed any party) is entitled to challenge prospective jurors for cause. (People v. Kelly (2007) 42 Cal.4th 763, 780, 68 Cal.Rptr.3d 531, 171 P.3d 548.) Although a specious challenge for cause might in some circumstances support an inference of bias in a prosecutor's peremptory challenges, nothing in this record suggests the challenge was specious. The record indicates the trial court was concerned that E.S. might have trouble with English, was probably not well educated, and offered a somewhat inappropriate response suggesting he would have a problem with the age of the defendants. Moreover, the prosecutor did not challenge this juror peremptorily.

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