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n a certain number of citizens selected according to law and sworn to inquire of certain matters of fact and to declare the truth on evidence submitted to them.
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Finally, the fair cross-section requirement recognizes that the ultimate goal of the Impartial Jury Clause and its protections is to select an impartial petit jury that protects and expresses the collective knowledge, wisdom, and values of the community.
Like the composition of a petit jury, the composition of a grand jury must comply with constitutional requirements; prospective grand jurors cannot be excluded from grand jury service solely on the basis of their race or gender.
Strahan 1807) (stating that the petit jury consisted of "twelve and can be neither more nor less"); 2 HENRY OF BRACTON, ON THE LAWS AND CUSTOMS OF ENGLAND 328-29 (George E.
unless there is a high probability from the evidence before the Grand Jury, there is little prospect of a final conviction by the petit jury, who may have more favorable evidence for the person accused, but can be seldom expected to have stronger against him.
represented by the grand jury, and petit jury rights enshrined in the
129) A criminal defendant, however, is not entitled to a particular petit jury that is itself demographically representative of the larger community.
Just as Vaughan must have been aware that a petit jury could not be expected to have any personal knowledge about the case it was hearing, the Whig polemicists who recited Vaughan's arguments must have known that these claims made even less sense when applied to the grand jury, which was subject to no vicinage requirement of any sort.
petit jury in any court of the United States while such jury is deliberating
Kentucky,(32) the Court rejected the evidentiary burden that the Court in Swain prescribed and instead ruled that "a defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor's exercise of peremptory challenges at defendant's trial.
63) Without creating a quota system, the Court could regulate the use of peremptory challenges to skew the diversity of the petit jury from the diversity of the venire by requiring some level of justification for peremptory challenges.
112) Taylor made clear, however, that the fair cross-section requirement means only that the jury must be drawn from a representative source; it does not mean that defendants have a right to a petit jury of any particular composition.