What is the test for establishing a prima facie case of purposeful discrimination in the use of peremptory challenges?
California, United States of America
The following excerpt is from People v. Sanchez, F070581 (Cal. App. 2016):
"A prima facie case of racial [or gender] discrimination in the use of peremptory challenges is established if the totality of the relevant facts '"gives rise to an inference of discriminatory purpose."' [Citation.]" (People v. Scott, supra, 61 Cal.4th at p. 384.) "When a trial court denies a Wheeler motion with a finding that the defendant failed to
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establish a prima facie case of purposeful discrimination, we review the record on appeal to determine whether there is substantial evidence to support the ruling. [Citations.] The record includes voir dire. [Citations.] We sustain the ruling when the record discloses grounds upon which the prosecutor properly might have exercised the peremptory challenges against the prospective jurors in question. [Citations.]" (People v. Griffin (2004) 33 Cal.4th 536, 555.)
When determining whether a prima facie showing has been made, there are some particularly relevant factors the court may consider, although none of them are dispositive. (People v. Bonilla (2007) 41 Cal.4th 313, 342.) These factors include:
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