Impartial jury
CLEP American Government, Chapter 22
Impartial jury
The Sixth Amendment requires an impartial jury in serious criminal cases. Impartiality means that jurors decide the charge from the evidence presented in court and the judge's legal instructions, not from personal bias, outside pressure, or a fixed conclusion formed before trial. Courts use questioning during jury selection to uncover conflicts and prejudice. When publicity has saturated a community, careful questioning, postponement, or a change of venue may protect the defendant's right. The jury pool must be drawn from a fair cross-section of the community, so officials may not systematically exclude a distinctive group from the source lists. That requirement concerns the process used to assemble the pool; it does not promise that every seated jury will reproduce the community's demographic percentages.
The parties may remove potential jurors for demonstrated cause and may receive a limited number of peremptory challenges that ordinarily need no case-specific explanation. Those challenges still may not be used purposefully to exclude jurors because of race or sex. Guilty verdicts in state and federal criminal jury trials must be unanimous, reflecting the requirement that the prosecution persuade the full jury beyond a reasonable doubt. Suppose a prosecutor strikes every otherwise qualified Black prospective juror because of race. The problem is unconstitutional discrimination in jury selection, not merely the fact that the final jury lacks proportional representation. By contrast, a final jury drawn through a lawful, inclusive process does not become unconstitutional solely because chance leaves one demographic group absent. In the criminal-process sequence, jury impartiality is a trial guarantee. Do not assume that a fair cross-section requires a demographic quota on the twelve people who ultimately serve.
Video lesson: Due Process of Law: Crash Course Government and Politics #28
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