Criminal defendants have frequently raised due process and equal protection objections to the exclusion from their state court juries of various racial, economic, and occupational groups. In Labat v. Bennett, the Fifth Circuit, in order to determine the validity of such exclusions, enunciated a constitutional test: whether the exclusion is related to juror competence; whether it is justfied by public necessity; and whether the exclusion is compatible with the attainment of a jury which represents a cross section of the community.
Constitutional Law: State Jury Selection Procedure Held a Violation of the Fourteenth Amendment,
1967 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol16/iss2/5