What is the current state of the law on race discrimination in jury selection?

In Swain v. Alabama (1965) 380 U.S. 202, 208-209, 85 S.Ct. 824, 829-830, 13 L.Ed.2d 759, blacks constituted 26 percent of the population but 10 percent to 15 percent of the jury panels. The court there said: "We cannot say that purposeful discrimination based on race alone is satisfactorily proved by showing that an identifiable group in the community is under-represented by as much as 10%." The court in People v. Newton (1970) 8 Cal.App.3d 359, 390, 87 Cal.Rptr. 394, held that a disparity to make the prima facie case of discrimination must be substantial. There the evidence showed that black persons constituted 7.5 percent of the jury panels and 12.4 percent of the population as a whole [129 Cal.App.3d 460] and that this was not so substantial as to establish prima facie evidence of discrimination. In the case at bar, appellant concedes there is no evidence that the disparity was a result of any wilful, deliberate, purposeful, or systematic discrimination by the jury commissioner.