Section 21.28 Sixth Amendment Challenges: The Fair Cross-Section Test

• Library: Criminal Practice 2012 Supp

c. (§21.28) Sixth Amendment Challenges: The Fair Cross-Section Test

A defendant has a right under the Sixth Amendment to be tried by a jury whose members have been selected from a venire that represents a fair cross-section of the community. Duren v. Mo.,439 U.S. 357 (1979); Taylor v. La., 419 U.S. 522 (1975); State v. Kelly, 506 S.W.2d 61 (Mo. App. W.D. 1974); cf. State v. Duren, 556 S.W.2d 11 (Mo. banc 1977). For an excellent discussion of the constitutional principles involved in the selection of a...