The Facts 1. Supreme Court decisions interpreting the due process clause of the Fourteenth Amendment have applied the Sixth Amendment guarantee to state criminal cases. Trial by jury in most Federal civil suits is guaranteed by the Seventh Amendment.
Similar provisions exist in many state Constitutions.
Traditionally, juries consisted of 12 members, who must reach a unanimous verdict. Many states have set numbers under 12 for particular types of cases. A series of Supreme Court cases has held that the requirement of an impartial jury means that jurors must be chosen from a representative cross section of the community, with no persons excluded on the basis or race, sex, or other impermissible factors. This prophylactic vehicle is not provided if the jury pool is made up of only special segments of the populace. The Role of Peremptory Challenges 7.