Judges and Judiciary,
Ediscovery
Jan. 6, 2023
Voir dire: disability as a basis for peremptory strikes
California has now provided other state and federal courts, and legislative bodies, with the opportunity to consider whether to add disability to the growing ranks of impermissible bases for peremptory strikes.
William Slomanson
Distinguished Professor Emeritus
Thomas Jefferson School of Law
Email: bills@tjsl.edu
William Slomanson is also the author of California Procedure in a Nutshell (5th ed. 2014).
California typically outpaces the federal courts regarding limits on peremptory challenges. For example, a 1986 U.S. Supreme Court decision cited the California Supreme Court's 1978 ruling that peremptory challenges could not be based on race. Batson v. Ky., 476 U.S. 79, 99 (1986), citing Peo. v. Wheeler, 22 Cal.3d 258 (1978). Then gender was prohibited as a basis for peremptory challenges by California in 1991 − followed by the U.S. ...
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