Under the Batson ruling, the defendant must prove that the prosecution's use of a peremptory challenge was racially motivated. Doing so requires a number of legal steps. Which of the following is NOT one of these steps?
A. First, the defendant must make a prima facie case that there has been discrimination during venire.
B. The defendant must show that he or she is a member of a recognizable racial group and that the prosecutor has used peremptory challenges to remove members of this group from the jury pool.
C. The defendant must show that these facts and other relevant circumstances raise the possibility that the prosecutor removed the prospective jurors solely because of their race.
D. A defendant may contest race-based peremptory challenges only if the defendant is not of the same race as the excluded jurors.
Answer: D
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