In People v. Wheeler, the California Supreme Court limited the scope of peremptory challenges. Under the decision, no juror may now be challenged from a jury panel on the basis of his group affiliation. Such exclusions were found to be violative of the representative cross-section requirement for impaneling an impartial jury. This Comment discusses the court's rationale in deciding Wheeler. It then examines (1) whether the holding should be extended to civil litigation, (2) when a "group" becomes legally cognizable, (3) how the burden of proof may be met, and (4) what the role of the trial judge should be when misuse of peremptories is charged.
Douglas H. Barker,
People v. Wheeler: California's Answer to Misuse of the Peremptory Challenge,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss5/5