Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge was denied, the trial judge relying on a statute expressly qualifying Government employees for jury service. Petitioner then proceeded to exercise two of his three peremptory challenges against such employees. The remaining peremptory challenge was also exercised, on other grounds. Seven Government employees remained on the jury, and each expressed the belief that he could render a fair and impartial verdict. The court of appeals affirmed the verdict. On certiorari to the United States Supreme Court, held, affirmed. Congress has a wide discretion in defining the impartial jury required by the Sixth Amendment. Congress has provided that Government employment of a juror does not constitute implied bias when the Government is a party to the action, and inasmuch as actual bias is still cause for challenge, the impartial jury is preserved. Dennis v. United States, 339 U.S. 162, 70 S.Ct. 519 (1950); rehearing denied 339 U.S. 950, 70 S.Ct. 799 (1950).
G. B. Myers S.Ed.,
CONSTITUTIONAL LAW- SIXTH AMENDMENT-IMPARTIAL JURY-GOVERNMENT EMPLOYEES ON JURY WHEN GOVERNMENT IS PARTY,
Mich. L. Rev.
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