What is the test for determining whether a prosecutor exercised peremptory challenges in a discriminatory manner?

California, United States of America


The following excerpt is from The People v. Lee, B213692, No. TA087633 (Cal. App. 2010):

Contrary to appellant's belief, there was nothing improper about the court determining whether the record contained sufficient evidence from which to infer that the prosecutor had exercised peremptory challenges in a discriminatory manner. It is only after finding that a prima facie case has been established that the trial court is precluded from speculating as to why a party exercised its peremptories and is required to ask the party for his or her reasons. (People v. Lancaster (2007) 41 Cal.4th 50, 75-76.)

Other Questions


What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the burden on a prosecutor to provide a non-discriminatory reason for exercising a peremptory challenge? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
How have courts interpreted the test for determining whether trial counsel acted or failed to act in the manner challenged on appeal? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.