What is the burden of proving racial discrimination in a civil case?
California, United States of America
The following excerpt is from People v. Wilson, B300876 (Cal. App. 2021):
First, the defendant must make a prima facie showing that the totality of the facts raises an inference of discriminatory purpose. Second, the burden shifts to the prosecutor to rebut a prima facie showing by giving an adequate nondiscriminatory explanation for the challenges. Third, if the prosecutor has tendered a neutral explanation, the court must decide whether the defendant has proven racial discrimination. (Johnson v. California (2005) 545 U.S. 162, 168.)
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