Is it unfair to the trial judge and the prosecution to allow defendant to appeal against the peremptory challenge?

California, United States of America

The following excerpt is from People v. Silverio, E054278 (Cal. App. 2012):

It is unfair to the trial judge and to the prosecution to allow defendant to take advantage on appeal of an error that could have been corrected easily at trial. (People v. Saunders, supra, 5 Cal.4th at p. 590.) Here defendant's counsel acquiesced fully in the procedure followed by the trial court and the prosecutor's exercise of her peremptory challenge against J.H. because of his hearing impairment. Defendant's belated objections to any statutory violations of the jury selection process were waived or forfeited at trial.

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