What constitutes an equal protection violation if a jury selection process resulted in a substantial underrepresentation of an identifiable group?

MultiRegion, United States of America

The following excerpt is from Murray v. Schriro, 746 F.3d 418 (9th Cir. 2014):

An equal protection violation arises if a jury selection process resulted in a substantial underrepresentation of an identifiable group. See Castaneda v. Partida, 430 U.S. 482, 494, 97 S.Ct. 1272, 51 L.Ed.2d 498 (1977). First, there must be identification of a group that is recognizable, distinctive, and singled out for different treatment under the laws as written or applied. See id. Second, there must be a showing that the distinctive class was proportionately underrepresented over a significant period of time. See id. Finally, there must be evidence that the juror selection process was susceptible to abuse or was not neutral. See id. Only after this prima facie showing is made must the state defend its jury selection process. See id.

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