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People v. Leung4/9/1992
ause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of Justice, as specified in Section 13 of Article VI of the California Constitution." (Code Civ. Proc., § 223, italics added.)
1. Nature of the "Right"
a. The Peremptory Challenge
"The peremptory challenge is not a constitutional necessity but a statutory privilege." (People v. Wheeler (1978) 22 Cal. 3d 258, 281, fn. 28 [148 Cal. Rptr. 890, 583 P.2d 748].) " 'Neither the United States Constitution nor the Constitution of California ... requires that Congress or the California Legislature grant peremptory challenges to the accused [or prosecutor] or prescribes any particular method of securing to an accused [or prosecutor] the right to exercise the peremptory challenges granted by the appropriate legislative body. [Citations.] The matter of peremptory challenges rests with the Legislature, limited only by the necessity of having an impartial jury.' " (Ibid., quoting People v. King (1966) 240 Cal. App. 2d 389, 399-400 [49 Cal. Rptr. 562, 21 A.L.R.3d 706] (italics added); accord, People v. Ainsworth (1988) 45 Cal. 3d 984, 1005 [248 Cal. Rptr. 568, 755 P.2d 1017].)
b. Restriction on Voir Dire
Until 1981, the California Supreme Court had long held that the trial court could prohibit voir dire examination which was engaged in solely for the purpose of gaining information relevant to the exercise of peremptory challenges. (People v. Edwards (1912) 163 Cal. 752 [127 P. 58].) In Edwards, the trial court had refused to permit defense counsel to examine a juror for the purpose of determining whether or not to exercise a peremptory challenge to that juror. ( at p. 753.) Finding no statutory authorization for allowing "the examination of a juror for the purpose of enabling the parties intelligently to determine whether or not to make a peremptory challenge," the California Supreme Court approved the
trial court's limitation on voir dire. ( at p. 754.) "It [voir dire solely in support of peremptory challenges] tends to encourage inquiries into matters wholly collateral to the case at hand. The field of inquiry upon subjects properly involved in the endeavor to ascertain whether the juror is free from actual or implied bias is so broad that it will give each party ample opportunity to obtain information concerning the advisability of making peremptory challenges to the respective jurors." ( at p. 755.) The court therefore held that a defendant " 'cannot embark in a general exploration for the sole purpose of satisfying himself whether it will be safe to be tried by a juror against whom no legal objections can be urged.' " ( at pp. 755-756, quoting People v. Hamilton (1882) 62 Cal. 382.)
In 1981 the California Supreme Court abandoned the rule expressed in Edwards and held that "counsel should be allowed to ask questions reasonably designed to assist in the intelligent exercise of peremptory challenges whether or not such questions are also likely to uncover grounds sufficient to sustain a challenge for cause." (People v. Williams (1981) 29 Cal. 3d 392, 407 [174 Cal. Rptr. 317, 628 P.2d 869].) In Williams, the central issue at trial had been self- defense. Defendant asserted that he had been entitled to use force to defend himself, his grandson and his home against the victim. The victim had come to defendant's home, challenged de
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