Integrating Statistical Evidence and Legal Theory to Challenge the Selection of Grand and Petit Jurors

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A defendeant charged with a federal or state crime may employ statistical evidence to challenge the selection of the grand jury that indicts him or the petit jury that tries and convicts him. This article will consider three issues that arise in jury selection cases: (1)what are the proper figures upon which to base the statistical analysis; (2)what statistical method should be employed to analyze the data; and (3)what degree of disparity must be shown? This article will argue that the propriety of using particular statistcal evidence in jury selection cases cannot adequately be assessed without distinguishing between challenges based on the equal protection clause and those based on the constitutional or statutory right to a jury drawn from a fair cross section of the community.