What is the test for making a prima facie showing of discrimination?

California, United States of America


The following excerpt is from People v. Chiles, B280041 (Cal. App. 2018):

To make a prima facie showing of impermissible discrimination, a defendant must produce "evidence ' "sufficient to permit the trial judge to draw an inference that discrimination has occurred." ' " (People v. Jones (2013) 57 Cal.4th 899, 916.) It is not enough merely to complain that members of a cognizable group have been challenged, nor that the jury as finally constituted contains few if any members of that group. (People v. Arias (1996) 13 Cal.4th 92, 136, fn. 15 [assertion of group bias based solely on number and order of exclusion of protected group members and final jury composition insufficient].)

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