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Jay V. Johnson v. California

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: February 18, 2005

What's at Stake

Reviewing the procedure by which a defendant can establish that the prosecution improperly used its peremptory jury challenges in a racially discriminatory fashion. DECIDED

In 1986, the Supreme Court ruled that a prosecutor’s use of peremptory challenges to bar prospective jurors on the basis of race is unconstitutional and that the prosecutor must offer a race-neutral explanation for her peremptory challenges once the defendant has made out a prima facie case of race discrimination. In most jurisdictions, a prima facie case is established once the defendant raises an inference of discrimination. California, however, requires the defendant to establish a strong likelihood of discrimination before the prosecutor must respond. The amicus brief filed by the ÀÏ°ÄÃÅ¿ª½±½á¹û and other civil rights groups argues that the California standard is wrong and undermines the goal of eliminating race discrimination in jury selection.

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