What is the burden of persuasion for a defendant to prove purposeful race discrimination?

California, United States of America


The following excerpt is from People v. Smith, 233 Cal.Rptr.3d 1, 4 Cal.5th 1134, 417 P.3d 662 (Cal. 2018):

defendant has shown purposeful race discrimination. [Citation.] The ultimate burden of persuasion regarding [discriminatory] motivation rests with, and never shifts from, the [defendant]. " ( People v. Manibusan (2013) 58 Cal.4th 40, 75, 165 Cal.Rptr.3d 1, 314 P.3d 1.)

Here, the trial court found that defendant had satisfied the first of these steps by making a prima facie showing of group bias, and it evaluated the prosecutors reasons for the challenges. When this occurs, the adequacy of the prima facie showing becomes moot ( Hernandez v. New York (1991) 500 U.S. 352, 359, 111 S.Ct. 1859, 114 L.Ed.2d 395 ;

[417 P.3d 674]

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