Does a judge allow a prosecutor to make a record by providing reasons for peremptory challenges?

California, United States of America


The following excerpt is from People v. Domengeaux, B267489 (Cal. App. 2016):

In addition, that the judge allowed the prosecutor to make a record by offering reasons for his peremptory challenges does not change the nature of the court's finding or how we review it on appeal. Allowing the prosecutor to make a record of race-neutral reasons for excusing the jurors in question, even as the court finds no prima facie case of discrimination, is considered the "better practice." (People v. Cunningham (2015) 61 Cal.4th 609, 660.) Scott warned against any finding to the contrary, because to do so would discourage the creation of a meaningful

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