Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of the sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation of the prospective juror, or on similar grounds. Under existing law, a peremptory challenge for specified reasons, including a prospective juror expressing a distrust of or having a negative experience with law enforcement or the criminal legal system, expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner, or having a close relationship with people who have been stopped, arrested, or convicted of a crime, are presumed to be invalid unless the party exercising the peremptory challenge meets specified requirements.
This bill would, in cases where a law enforcement officer is a defendant or alleged victim, remove the presumption of invalidity for a peremptory challenge for a prospective juror's expressing a distrust of or having a negative experience with law enforcement or the criminal legal system, expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner, or having a close relationship with people who have been stopped, arrested, or convicted of a crime.