Can defense counsel be barred from peremptorily excusing prospective jurors on racial, ethnic or gender grounds?
California, United States of America
The following excerpt is from People v. Ford, B248584 (Cal. App. 2014):
278.) "[D]efense counsel, like prosecutors, are precluded from peremptorily excusing prospective jurors on racial, ethnic or gender grounds." (People v. Willis (2002) 27 Cal.4th 811, 813.) A trial court is "inherently empowered to initiate a Wheeler proceeding on its own motion when it perceive[s] that one of the litigants appear[s] to be challenging prospective jurors because of race." (People v. Lopez (1991) 3 Cal.App.4th Supp. 11, 15.)
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