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

California, United States of America


The following excerpt is from People v. Hernandez, B225746 (Cal. App. 2012):

"To make a prima facie showing of group bias, 'the defendant must show that under the totality of the circumstances it is reasonable to infer discriminatory intent.' [Citations.] When. . . it is unclear whether the trial court used the recently disapproved 'strong likelihood' standard, rather than the correct 'reasonable inference' standard, 'we review the record independently to determine whether the record supports an inference that the prosecutor excused a juror on a prohibited discriminatory basis.' [Citation.]" (People v. Davis, supra, 46 Cal.4th 539, 582-583.)

Where no prima facie case is shown, "the prosecutor [is] not required to provide reasons for his [or her] challenges, nor [is] the court required to determine the validity and sincerity of any reasons that [are] proffered." (People v. Salcido (2008) 44 Cal.4th 93, 143-144.) Moreover, discriminatory intent is not necessarily demonstrated based on the mere racial or ethnic makeup of the panel. A suspicion of discriminatory intent may

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