What is the test for establishing a prima facie case of discrimination?

California, United States of America


The following excerpt is from People v. Sanders, B220328 (Cal. App. 2012):

To state a prima facie case of discrimination, the defendant must (1) raise the issue in a timely fashion, (2) make as complete a record as feasible, (3) establish that the persons excluded are members of a cognizable class, and (4) produce evidence sufficient to permit the trial court to draw an inference that discrimination has occurred. (People v. Gray (2005) 37 Cal.4th 168, 186.) "'An "inference" is generally understood to be a "conclusion reached by considering other facts and deducing a logical consequence from them."' [Citation.]" (Ibid.) Once a defendant has established a prima facie case, the burden shifts to the prosecutor to provide group-neutral reasons for each challenge. The prosecutor "need only offer a genuine, reasonably specific, race- or group-neutral

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