Supreme Court Speaks on Fair-Cross-Section Jury Issue

Berghuis v. Smith, No. 08–1402. Argued January 20, 2010—Decided March 30, 2010
Criminal defendants have a Sixth Amendment right to trial by an impartial jury drawn from a fair cross section of the community. See Taylor v. Louisiana, 419 U. S. 522. To establish a prima facie violation of the fair-cross-section requirement, a defendant must prove that: (1) a group qualifying as “distinctive” (2) is not fairly and reasonably represented in jury venires, and (3) “systematic exclusion” in the jury selection process accounts for the underrepresentation. Duren v. Missouri, 439 U. S. 357, 364.