DUREN TEST
Duren test.Constitutional law. A test to determine whether a jury’s composition violates the
fair-cross-section requirement and a criminal defendant’s Sixth Amendment right to an impartial
jury. • Under the test, a constitutional violation occurs if (1) a distinctive group is not fairly and
reasonably represented in the jury pool in relation to its population in the community, (2) the
underrepresentation is the result of a systematic exclusion of the group from the jury-selection
process, and (3) the government cannot reasonably justify the discrepancy. Duren v. Missouri, 439
U.S. 357, 99 S.Ct. 664 (1979). See FAIR-CROSS-SECTION REQUIREMENT;
STATISTICAL-DECISION THEORY; ABSOLUTE DISPARITY; COMPARATIVE DISPARITY.
[Cases: Jury 33(1.1). C.J.S. Juries §§ 269–273, 279, 306.] [Blacks Law 8th]