What part of the sixth Amendment refers to how a jury pool should be created?

Question

What part of the sixth Amendment refers to how a jury pool should be created?

Answer 1

You have run into something called "enabling" legislation.  The constitutional right to a jury of one's peers for certain cases over a given severity - that is guaranteed.  The details are left to the states and to Congress, depending on whether we are talking state or federal charges.

The "detailed" legislation at a lower level than the U.S.A. constitution provides the descriptions for jury composition, method of selection, compensation, and term of service.  Generally this is considered a "states' rights" issue.

Answer 2

The Amendment refers to: the Cross-sectional requirement - meaning  the jury pool must reflect a fair cross section of community.

Also: No constitutional right to a jury trial, if it is up to or includes 6 months. If the sum of sentences for criminal contempt exceeds 6 months, the alleged contender is entitled to jury trial.

Number and unanimity of Jurors: Minimum = 6 (if 6, panel’s decision must be unanimous.) No federally protected constitutional right to a unanimous 12 person jury verdict. 10-2; 9-3 = OK

And...unconstitutional for P or D to exercise peremptory challenges to exclude from the jury pool, perspective jurors on account of their race or gender.

Answer 3

The sixth amendment doesn't deal with creation of a jury. It deals with the accused being entitled to a trial by a jury of ones peers.

Answer 4

That is not in the Constitution.  It is done different ways, depending on the jurisdiction and customs of the affected area.

As long as the jury composition meets broad constitutional standards, it is a valid jury.

If the jury is not up to constitutional snuff, a defendant can challenge their verdict, and get a new trial with a better jury.