This Article examines the use of the sixth amendment to challenge the composition of a jury. The author argues that it is the sixth amendment's cross-section analysis, and not the equal protection analysis, which can fully protect a defendant's right to a fair and impartial jury. The author examines the case law and the basic approaches taken by courts in addressing sixth amendment challenges to jury composition, and then discusses the difficulties a defendant faces in establishing standing in an equal protection challenge to jury composition. The author goes on to explore the different definitions of groups that cannot be excluded from jury service and describes the different purposes of the fair cross-section analysis and equal protection analysis. The author concludes that the purposes of the fair cross-section requirement are not served if its application is limited by equal protection concepts of standing and group cognizability.
Challenges to Jury Composition: Purging the Sixth Amendment Analysis of Equal Protection Concepts,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss5/3