Juror Selection and the Sixth Amendment Right to an Impartial Jury
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Authors
Ashby, John B.
Issue Date
1978
Type
Journal Article
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Abstract
INTRODUCTION|Over the last one hundred years the Supreme Court has attempted to read meaning into the Sixth Amendment's guarantee of a trial by a fair and impartial jury. Until the passage of the Jury Selection and Service Act of 1968, this important right remained, for the most part, in the hands of federal courts. They acted on a more or less incremental basis, but with most attention focused on the issue of racial discrimination in juror selection. The necessity for jurors to reflect a cross section of the community did not receive constitutional standing until the case of Thiel v. Southern Pacific Company which was decided in 1946. In delivering the majority opinion, Mr. Justice Murphy declared, in ruling that the exclusion of daily wage earners was unlawful, that:...
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Citation
11 Creighton L. Rev. 1137 (1977-1978)
Publisher
Creighton University School of Law