What is the test for determining whether a defendant has a right to a fair and impartial jury?

California, United States of America


The following excerpt is from People v. Torres, C060837 (Cal. App. 2012):

A defendant has the constitutional right to a fair and impartial jury. (People v. Wheeler (1978) 22 Cal.3d 258, 265.) The trial court possesses great discretion in conducting jury selection. We will not reverse the court's determination unless the exercise of that discretion has resulted in a miscarriage of justice. (Code Civ. Proc, 223.)

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