7-2-09 State of New Jersey v. Oscar Osorio (A-59-08)
The Court slightly refines the methodology to be applied in
gauging bias claims in the jury selection process, reaffirming
that a three-step process must be employed whenever it has been
asserted that a party exercised peremptory challenges based on
race or ethnicity. Step one requires that, as a threshold
matter, a party contesting the exercise of the challenge must
make a prima facie showing that the peremptory challenge was
exercised on the basis of race or ethnicity, which can be
established through sufficient proofs to raise an inference of
discrimination. If that burden is met, step two is triggered,
and the burden shifts to the party exercising the peremptory
challenge to prove a race- or ethnicity-neutral basis supporting
the peremptory challenge. The trial court must ascertain
whether the explanations are pretext or present a reasoned,
neutral basis for the challenge. Once that analysis is
completed, the third step is triggered, requiring the trial
court to weigh the proofs adduced in step one against those
presented in step two and determine whether, by a preponderance
of the evidence, the party contesting the exercise of the
peremptory challenge has proven that the challenge was exercised
on unconstitutionally impermissible grounds of presumed group
bias.
Richard Sadowski
Assistant Editor
