What are the consequences of prosecution's use of peremptory challenges to remove prospective jurors from a jury?

California, United States of America


The following excerpt is from People v. Crawley, C091085 (Cal. App. 2021):

"The prosecution's use of peremptory challenges to remove prospective jurors based on group bias, such as race or ethnicity, violates a defendant's right to trial by a jury drawn from a representative cross-section of the community under article I, section 16 of the California Constitution and his right to equal protection under the Fourteenth Amendment to the United States Constitution." (People v. Blacksher (2011) 52 Cal.4th 769, 801.) The discriminatory use of peremptory challenges harms not only defendants but also "the excluded jurors and the community at large," as it "forecloses a significant opportunity to participate in civic life" (Powers v. Ohio (1991) 499 U.S. 400, 406, 409)

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