SAN DIEGO CRIMINAL DEFENSE: COMPARATIVE JURY ANALYSIS
This defendant was sentenced to the death penalty in San Diego in 1995. Out of 77 prospective jurors, only 6 were African-American. The DA kicked off all 6.
The California Supreme Court upholds this against a Wheeler (22 Cal.3d 258) and
Batson (476 U.S. 79) challenge. Of note, they do comparative juror analysis, comparing jurors kicked off with jurors kept. In Lenix, 44 Cal.4th 602, the California SUpreme Court finally gave up the ghost and agreed that the U.S. Supreme Court compels comparative juror analysis. You can see in this case how little good that does us.
In fact, in my last jury trial in Vista, the judge refused to even engage in any analysis. So, as you can see, applying the law is fairly impossible when the courts want to produce a particular result.
People v. Hamilton; 2009 DJ DAR 2498; DJ, 2/24/09; California Supreme Court.
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