The 16 Things Every Defense Attorney Should Know About Fair Cross-Section Challenges

Every criminal defendant in federal or state court who will be tried by a jury has the right to have that jury selected from a fair cross-section of the community. Every criminal defense attorney should be equipped to enforce that cross-section right when it is in the client’s best interest to do so. Part I of this article explains the 16 things a defense attorney should know about fair cross-section challenges, and Part II provides a detailed analysis of two successful fair cross-section claims.¹