![]() During jury selection, the judge, prosecution, and defense question each potential juror in order to determine whether there's anything in the juror's background that may prejudice their judgment in the case. The pool is then shaped during the jury selection, or voir dire, phase of the trial. The state puts together "a jury of peers" by first randomly selecting local citizens for the jury pool. In practice, however, potential jurors often are removed for what appears to be their gender or race, even though the removal is for other stated reasons (or for no particular reason at all). Supreme Court has held that courts may not remove a potential juror based solely on their race or gender. ![]() While courts don't have to ensure that a defendant's race, gender, or age group is represented in the jury pool, the U.S. ![]() Now, however, this phrase more accurately means "a jury of fellow citizens." At that point, the provision ensured that members of the nobility were tried by a jury comprised of fellow nobles, rather than being judged by the king. The phrase "a jury of peers" dates back to the signing of the Magna Carta in England. So what exactly is a jury of peers and what are defendants' rights in this respect? The following is a brief overview. Contrary to popular belief, defendants are not entitled to a jury containing members of their own race, gender, age, or sexual orientation. ![]() While it isn't specifically stated anywhere in the Constitution, criminal defendants generally have the right to be tried by "a jury of peers." You may be wondering what exactly that entails. ![]()
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