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692 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Quotes
Document Information
Type:
Legal memorandum / court filing (applicable law section)
File Size:
692 KB
Summary
This document is page 5 of a legal filing (filed March 24, 2021) outlining 'Applicable Law' under the Sixth Amendment regarding jury selection. It details the requirements for establishing a 'fair cross-section' of the community in a jury pool, citing precedents such as *Taylor v. Louisiana* and *Duren v. Missouri*. The footer indicates this document was processed by the Department of Justice (DOJ-OGR).
People (5)
| Name | Role | Context |
|---|---|---|
| Alston | Legal Precedent |
Cited in Alston v. Manson regarding representative jury arrays.
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| Manson | Legal Precedent |
Cited in Alston v. Manson.
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| Taylor | Legal Precedent |
Cited in Taylor v. Louisiana regarding Sixth Amendment guarantees.
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| Duren | Legal Precedent |
Cited in Duren v. Missouri regarding the three elements to prove a violation.
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| Osorio | Legal Precedent |
Cited in footnote regarding grand and petit juries.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| 2d Cir. |
Second Circuit Court of Appeals (citation source)
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| U.S. Supreme Court |
Referenced as 'Supreme Court teachings' and via U.S. citations
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| DOJ |
Department of Justice (implied by footer DOJ-OGR)
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| D. Conn. |
District Court of Connecticut (citation source)
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Locations (3)
| Location | Context |
|---|---|
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Location in case citation Duren v. Missouri
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Location in case citation Taylor v. Louisiana
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Location in case citation United States v. Osorio
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Key Quotes (3)
"A 'representative jury array remains the expression of the community’s role in securing' an impartial trial."Source
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Quote #1
"To establish a prima facie violation of the fair cross-section requirement, a defendant must prove each of the following elements..."Source
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Quote #2
"States remain free to prescribe relevant qualifications for their jurors and to provide reasonable exemptions so long as it may be fairly said that the jury lists or panels are representative of the community."Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,834 characters)
Case 1:20-cr-00330-AJN Document 189 Filed 03/24/21 Page 5 of 20
“jurors are needed in each courthouse, names are drawn from each qualified wheel and
summonses are sent to those individuals.” Id.
summonses are sent to those individuals.” Id.
APPLICABLE LAW
I. Sixth Amendment
A “representative jury array remains the expression of the community’s role in securing”
an impartial trial. Alston v. Manson, 791 F.2d 255, 256 (2d Cir. 1986). In recognition of that
promise, the Sixth Amendment guarantees a defendant the right to a jury venire drawn from a
fair cross-section of the community.² Taylor v. Louisiana, 419 U.S. 522, 530 (1975). To
establish a prima facie violation of the fair cross-section requirement, a defendant must prove
each of the following elements:
an impartial trial. Alston v. Manson, 791 F.2d 255, 256 (2d Cir. 1986). In recognition of that
promise, the Sixth Amendment guarantees a defendant the right to a jury venire drawn from a
fair cross-section of the community.² Taylor v. Louisiana, 419 U.S. 522, 530 (1975). To
establish a prima facie violation of the fair cross-section requirement, a defendant must prove
each of the following elements:
(1) That the group alleged to be excluded is a distinctive group in the community;
(2) That the representation of this group in venires from which juries are selected is not
fair and reasonable in relation to the number of such persons in the community; and
fair and reasonable in relation to the number of such persons in the community; and
(3) That this underrepresentation is due to systematic exclusion of the group in the jury-
selection process.
selection process.
Duren v. Missouri, 439 U.S. 357, 364 (1979).
Demonstrating a prima facie violation of the fair cross-section requirement, however, is
not enough to prevail under the Sixth Amendment. Id. at 367. Under Supreme Court teachings,
“States remain free to prescribe relevant qualifications for their jurors and to provide reasonable
exemptions so long as it may be fairly said that the jury lists or panels are representative of the
community.” Id. (quoting Taylor, 419 U.S. at 538). Accordingly, the Government may rebut the
not enough to prevail under the Sixth Amendment. Id. at 367. Under Supreme Court teachings,
“States remain free to prescribe relevant qualifications for their jurors and to provide reasonable
exemptions so long as it may be fairly said that the jury lists or panels are representative of the
community.” Id. (quoting Taylor, 419 U.S. at 538). Accordingly, the Government may rebut the
________________
² The fair cross-section guarantee has been understood to apply in the context of both grand and
petit juries. See United States v. Osorio, 801 F. Supp. 966, 973 (D. Conn. 1992).
² The fair cross-section guarantee has been understood to apply in the context of both grand and
petit juries. See United States v. Osorio, 801 F. Supp. 966, 973 (D. Conn. 1992).
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DOJ-OGR-00002826
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