taylor louisiana argued october decided january appellant male convicted crime petit jury selected venire women selected pursuant system resulting louisiana constitutional statutory requirements woman selected jury service unless previously filed written declaration desire subject jury service state affirmed rejected appellant challenge constitutionality state scheme held appellant standing make constitutional claim rule claim may asserted defendants members group excluded jury service peters kiff requirement petit jury selected representative cross section community fundamental jury trial guaranteed sixth amendment violated systematic exclusion women jury panels judicial district involved amounted citizens eligible jury service pp adequate justification shown challenged provisions right jury selected fair cross section community overcome merely rational grounds pp longer held women class may excluded jury service given automatic exemptions based solely sex consequence criminal jury venires almost male contrary implications prior cases hoyt florida followed pp white delivered opinion douglas brennan stewart marshall blackmun powell joined burger concurred result rehnquist filed dissenting opinion post william mcm king argued cause filed brief appellant kendall vick assistant attorney general louisiana argued cause appellee brief william guste attorney general walter smith woodrow erwin justice white delivered opinion case tried art vii louisiana constitution art louisiana code criminal procedure provided woman selected jury service unless previously filed written declaration desire subject jury service constitutionality provisions issue case appellant billy taylor indicted grand jury tammany parish judicial district louisiana aggravated kidnaping april appellant moved trial quash petit jury venire drawn special criminal term beginning trial following day appellant alleged women systematically excluded venire therefore deprived claimed federal constitutional right fair trial jury representative segment community judicial district comprises parishes tammany washington appellee stipulated persons eligible jury service parishes female persons jury wheel tammany parish women period december november females among persons drawn fill petit jury venires tammany parish also stipulated discrepancy females eligible jury service actually included venire result operation la art vii la code crim art present case venire totaling persons drawn jury service beginning april females venire appellant motion quash venire denied day tried convicted sentenced death appellant sought review louisiana renewed claim petit jury venire quashed louisiana recognizing claim drew question constitutionality provisions louisiana constitution code criminal procedure dealing service women juries squarely held one justice dissenting provisions valid unconstitutional federal law appellant appealed decision noted probable jurisdiction consider whether louisiana system deprived appellant sixth fourteenth amendment right impartial jury trial hold amendments violated case operation la art vii la code crim art consequence appellant conviction must reversed ii louisiana system disqualify women jury service operation conceded systematic impact women grossly disproportionate number eligible women community called jury service case women venire petit jury drawn issue therefore whether system operates exclude jury service identifiable class citizens constituting eligible jurors community comports sixth fourteenth amendments state first insists taylor male standing object exclusion women jury taylor claim constitutionally entitled jury drawn venire constituting fair cross section community jury tried jury reason exclusion women taylor member excluded class rule claims taylor presents may made defendants members group excluded jury service peters kiff defendant white man challenged conviction ground negroes systematically excluded jury service six members agreed petitioner entitled present issue concluded deprived federal rights taylor case us similarly entitled tender adjudicated claim exclusion women jury service deprived kind factfinder constitutionally entitled iii background case must decided includes holding duncan louisiana sixth amendment provision jury trial made binding virtue fourteenth amendment inquiry whether presence fair cross section community venires panels lists petit juries drawn essential fulfillment sixth amendment guarantee impartial jury trial criminal prosecutions prior cases instructive course exercising supervisory powers trials federal courts constitutional context unambiguously declared american concept jury trial contemplates jury drawn fair cross section community unanimous stated smith texas part established tradition use juries instruments public justice jury body truly representative community exclude racial groups jury service said war basic concepts democratic society representative government state jury system resulted systematic exclusion negroes jurors therefore held violate equal protection clause fourteenth amendment glasser context federal criminal case sixth amendment jury trial requirement stated ur notions proper jury developed harmony basic concepts democratic society representative government repeated understanding jury body truly representative community organ special group class federal conviction jury women excluded although eligible service state law reviewed ballard noting federal statutory design make jury community fact women excluded exercised supervisory powers federal courts reversed conviction brown allen declared ur duty protect federal constitutional rights mean must impose conception proper source jury lists long source reasonably reflects population suitable character intelligence civic duty years later carter jury observed exclusion negroes jury service race contravenes idea jury body truly representative community quoting smith texas supra time contended use juries noncapital criminal cases violated sixth amendment failure provide juries drawn cross section community williams florida course rejecting challenge said number persons jury large enough promote group deliberation free outside attempts intimidation provide fair possibility obtaining representative community like vein apodaca oregon plurality opinion said jury come commonsense judgment long consists group laymen representative cross section community duty opportunity deliberate question defendant guilt similarly three justices peters kiff observed sixth amendment comprehended fair possibility obtaining jury constituting representative cross section community unmistakable import opinions least since smith texas supra repudiated intervening decisions selection petit jury representative cross section community essential component sixth amendment right jury trial recent federal legislation governing jury selection within federal system similar thrust shortly prior decision duncan louisiana supra federal jury selection service act enacted act congress stated policy litigants federal courts entitled trial jury shall right grand petit juries selected random fair cross section community district division wherein convenes act congress also established machinery stated policy implemented passing legislation committee reports house senate recognized jury plays political function administration law requirement jury chosen fair cross section community fundamental american system justice debate floors house senate act invoked sixth amendment constitution generally prior decisions support act accept requirement fundamental jury trial guaranteed sixth amendment convinced requirement solid foundation purpose jury guard exercise arbitrary power make available commonsense judgment community hedge overzealous mistaken prosecutor preference professional perhaps biased response judge duncan louisiana prophylactic vehicle provided jury pool made special segments populace large distinctive groups excluded pool community participation administration criminal law moreover consistent democratic heritage also critical public confidence fairness criminal justice system restricting jury service special groups excluding identifiable segments playing major roles community squared constitutional concept jury trial trial jury presupposes jury drawn pool broadly representative community well impartial specific case broad representative character jury maintained partly assurance diffused impartiality partly sharing administration justice phase civic responsibility thiel southern pacific frankfurter dissenting iv also persuaded requirement violated systematic exclusion women judicial district involved amounted citizens eligible jury service conclusion necessarily entails judgment women sufficiently numerous distinct men systematically eliminated jury panels sixth amendment requirement satisfied matter debated ballard supra positing rule said statutory one concluded systematic exclusion women unacceptable dissenting view panel drawn various groups community truly representative women included firmly rejected thought factors tend influence action women influence action men personality background economic status sex yet enough say women sitting jurors neither act tend act class men likewise act class shoe foot claim jury truly representative community men intentionally systematically excluded panel truth two sexes fungible community made exclusively one different community composed subtle interplay influence one among imponderables insulate either may given case make iota difference yet flavor distinct quality lost either sex excluded exclusion one may indeed make jury less representative community true economic racial group excluded remains argument women class serve distinctive role society jury service substantially interfere function state ample justification excluding women service unless volunteer even though result almost jurors men true hoyt florida held system deny due process law equal protection laws sufficiently rational basis exemption hoyt involve defendant sixth amendment right jury drawn fair cross section community prospect depriving right women class systematically excluded right proper jury overcome merely rational grounds must weightier reasons distinctive class representing eligible jurors practical purposes excluded jury service basis tendered free grant exemptions jury service individuals case special hardship incapacity engaged particular occupations uninterrupted performance critical community welfare rawlins georgia appear exemptions pose substantial threats remaining pool jurors representative community system excluding women however wholly different matter untenable suggest days special hardship every woman perform jury service society spare women present duties may case many may burdensome sort exempted serve task performed case men administrative convenience dealing women class insufficient justification diluting quality community judgment represented jury criminal trials vi although judgment may appear foregone conclusion pattern cases past years well legislative developments federal state levels nevertheless true today case squarely held exclusion women jury venires deprives criminal defendant sixth amendment right trial impartial jury drawn fair cross section community apparent first congress perceive sixth amendment requiring women criminal jury panels direction first judiciary act federal jurors qualifications required federal sitting time women disqualified state law every state necessarily federal juries criminal cases male civil rights act stat ed congress provided citizens limited exceptions competent sit federal juries time federal courts required statute exclude women jury duty women disqualified utah first state qualify women juries supra moreover hoyt florida decided stood proposition even women group constitutionally disqualified jury service ample reason treat women differently men purpose jury service exclude unless volunteered accepting however view sixth amendment affords defendant criminal trial opportunity jury drawn venires representative community think longer tenable hold women class may excluded given automatic exemptions based solely sex consequence criminal jury venires almost totally male extent follow contrary implications prior cases including hoyt florida ever case women unqualified sit juries situated none required perform jury service time long since passed one time held sixth amendment juries must drawn fair cross section community requirement permitted almost total exclusion women case today communities differ different times places fair cross section one time place necessarily fair cross section another time different place nothing persuasive presented us case suggesting venires parishes involved fairly representative local population otherwise eligible jury service vii holding augur authorize fashioning detailed codes federal courts principle must much leeway application remain free prescribe relevant qualifications jurors provide reasonable exemptions long may fairly said jury lists panels representative community carter jury supra brown allen supra rawlins georgia supra cases recognized broad discretion respect depart principles enunciated carter said louisiana special exemption women operates exclude petit juries view contrary command sixth fourteenth amendments also emphasized holding petit juries must drawn source fairly representative community impose requirement petit juries actually chosen must mirror community reflect various distinctive groups population defendants entitled jury particular composition fay new york apodaca oregon plurality opinion jury wheels pools names panels venires juries drawn must systematically exclude distinctive groups community thereby fail reasonably representative thereof judgment louisiana reversed case remanded proceedings inconsistent opinion ordered footnotes la code crim art provided woman shall selected jury service unless previously filed clerk parish resides written declaration desire subject jury service provision repealed effective january repeal however effect conviction obtained case stipulation appears appendix filed edwards healy pending ibid death sentence imposed appellant annulled set aside louisiana accord decision furman georgia instructions district impose life sentence remand louisiana granted rehearing appellant certain issues relevant appeal later denied second petition rehearing pub stat et seq must remembered jury designed understand case also reflect community sense justice deciding long significant departures cross sectional goal biased juries result biased sense reflect slanted view community supposed represent see jury chosen representative community sample fundamental system justice senate house reports made reference decision appeals rabinowitz sustaining attack composition grand petit jury venires middle district georgia held constitution prior amendment required system jury selection probably result fair community placed jury rolls see supra supra elimination key man system throughout federal courts primary focus federal jury selection service act see supra cong rec remarks rogers see also cong rec remarks poff cong rec remarks machen remarks tydings compare peters kiff opinion marshall joined douglas stewart jj principles compel conclusion state consistent due process subject defendant indictment trial jury selected arbitrary discriminatory manner violation constitution laws illegal unconstitutional jury selection procedures cast doubt integrity whole judicial process create appearance bias decision individual cases increase risk actual bias well exclusion jury service substantial identifiable class citizens potential impact subtle pervasive admit confinement particular issues particular cases moreover unwilling make assumption exclusion negroes relevance issues involving race large identifiable segment community excluded jury service effect remove jury room qualities human nature varieties human experience range unknown perhaps unknowable necessary assume excluded group consistently vote class order conclude exclusion deprives jury perspective human events may unsuspected importance case may presented omitted controlled studies performance women jurors conducted subsequent decision ballard concluded women bring juries perspectives values influence jury deliberation result see generally rudolph women juries voluntary compulsory jud soc sociology social research applied social psychology sociometry relatively modern development english common law women exception trial narrow class cases considered qualified jury service virtue doctrine propter defectum sexus defect sex blackstone commentaries rule made statutory parliament rejected parliament geo country women disqualified state law sit jurors end century first deemed qualified jury service state utah rev stat tit today women qualified jurors statutes rules face extend women type exemption presently although exemption provisions appear treat men women differently certain respects florida stat provided grand petit jurors taken male female citizens state possessed certain qualifications also provided name female person shall taken jury service unless said person registered clerk circuit desire placed jury list hoyt florida state interest articulated based assumption woman still regarded center home family life hoyt florida supra louisiana makes similar argument stating grant automatic exemption jury service females involves state attempt regulate provide stability state idea family life brief appellee hoyt determined underlying classification rational state proffered rationale extending exemption females without family responsibilities justified administrative convenience hoyt florida supra placed emphasis notion advanced state louisiana support rationality statutory scheme woman still regarded center home family life statistics compiled department labor indicate october women years age labor force dept labor women labor force additionally march women children age labor force respect families containing children ages six mothers widowed divorced separated work force mothers whose husbands present household work force even family units husband present contained child three years old mothers work force dept labor marital family characteristics labor force table march statistics perhaps speak evolving nature structure family unit american society nature role played women happen members family unit certainly put rest suggestion women exempt jury service based solely sex presumed role home section act provided jurors shall qualifications requisite jurors laws state citizens serve highest courts law state stat hoyt florida fay new york also referred historic view jury service constitutionally confined males need however accept appellant invitation canvass case continuing validity dictum strauder west virginia effect state may constitutionally confine jury duty males constitutional proposition gone unquestioned eighty years decisions see fay new york supra reflected congressional policy respecting jury service federal courts omitted see also glasser interesting note strauder west virginia stated constitution juries essential part protection mode trial intended secure idea jury body men composed peers equals person whose rights selected summoned determine neighbors fellows associates persons legal status society holds justice rehnquist dissenting opinion reverses conviction without suggestion much less showing appellant unfairly treated prejudiced way manner jury selected invalidates system approved substantial majority years ago disagree affirm judgment louisiana majority opinion canvasses various jury trial cases beginning smith texas relying carefully chosen quotations concludes unmistakable import cases requirement essential component sixth amendment right jury trial disagree fairly read unmistakable import cases due process equal protection prohibit systems likely result biased partial juries smith texas supra concerned equal protection claim negro indicted grand jury negroes systematically excluded glasser dealt allegations women selected jury service members private organization conducted classes prospective jurors brown allen rejected equal protection due process contentions several black defendants members race discriminatorily excluded juries carter jury similarly dealt equal protection challenges system persons claiming rights blacks sought serve jurors hoyt florida gave plenary consideration contentions system louisiana deprived defendant equal protection due process contentions rejected despite circumstances much suggestive possible bias prejudice defendant hoyt woman whose defense charges murdering husband driven temporarily insane suspected infidelity rejection efforts reconciliation complete swing judicial pendulum years later must depend validity proposition years things changed constitutionally significant ways persuaded sufficiency either majority proffered explanations intervening events first determinative event view duncan louisiana sixth amendment held applicable feels free dismiss hoyt case dealt entirely different issues even though fact presented identical problem duncan rationale good deal less expansive suggested present interpretation case duncan rests following reasoning test determining whether right extended fifth sixth amendments respect federal criminal proceedings also protected state action fourteenth amendment phrased variety ways opinions question asked whether right among fundamental principles liberty justice lie base civil political institutions powell alabama whether basic system jurisprudence oliver whether fundamental right essential fair trial gideon wainwright malloy hogan pointer texas believe trial jury criminal cases fundamental american scheme justice hold fourteenth amendment guarantees right jury trial criminal cases emphasis added conceive today decision necessary guard oppressive arbitrary law enforcement prevent miscarriages justice assure fair trials especially criminal defendant involved makes claims prejudice bias accord slight attention justifying ruling terms basis right jury trial read fourteenth amendment concludes jury effective prophylaxis arbitrary prosecutorial judicial power jury pool made special segments populace large distinctive groups excluded pool ante fails however provide satisfactory explanation mechanism louisiana system undermines prophylactic role jury either general case best posit flavor distinct quality allegedly lost either sex excluded ante however flavor importance constitution offended given petit jury enriched ante smacks mysticism law even purport practice mysticism consistent fashion presumably doctors lawyers groups whose frequent exemption jury service endorsed majority also offer qualities distinct important issue hoyt considered stronger due process claim today found fundamental fairness offended understand intervening decision duncan support different result duncan imported sixth amendment due process clause extent perceived required fundamental fairness second change since hoyt appears turnabout societal nature encompassing higher degree sensitivity distinctions based sex evolving nature structure family unit american society ante matters degree perhaps significance justice harlan saw fit refer enlightened emancipation women restrictions protections bygone years entry many parts community life formerly considered reserved men hoyt nonetheless may fair conclude louisiana system fact anachronism inappropriate time place ante surely constitutional adjudication canalized function enforcing perception modern life absent suggestion appellant trial unfairly conducted result unreliable require louisiana retry assuming state produce evidence witnesses order impose sanctions laws provide