California Supreme Court blocks juror dismissal based on inattentiveness
The California Supreme Court ruled that a trial court erred in removing a potential juror from a murder trial because the juror appeared less attentive than others.
A California Supreme Court opinion found that a trial court improperly excused a prospective juror from a murder case on the grounds that he seemed less engaged than his peers. The court emphasized that challenges rooted in demeanor, behavior, or manner are presumed invalid due to the risk of bias. To succeed, the party seeking the strike must demonstrate how the juror's apparent inattention and failure to make eye contact would hinder his ability to serve.
Even with such an explanation, the trial court must consider whether a reasonable observer would suspect race or another protected characteristic as a factor. This decision clarifies the standards for juror challenges and aims to curb discriminatory practices in jury selection.
Why it matters
It sets a higher bar for dismissing jurors, protecting the fairness of jury composition.
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