What is the test for making out a prima facie case of discrimination?
California, United States of America
The following excerpt is from People v. Patterson, G041193 (Cal. App. 11/20/2009), G041193 (Cal. App. 2009):
A defendant must initially make out a prima facie case of discrimination. "First . . . he should make as complete a record of the circumstances as is feasible. Second, he must establish that the persons excluded are members of a cognizable group within the meaning of the representative cross-section rule. Third, from all the circumstances of the case he must show a strong likelihood that such persons are being challenged because of their group association rather than because of any specific bias." (People v. Wheeler (1978) 22 Cal.3d 258, 280, fn. omitted.)
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