In what circumstances have courts accepted or rejected statistics that do not support a claim that the population of a community does not represent a representative cross-section of the population?

In People v. McDowell (1972) 27 Cal.App.3d 864, 104 Cal.Rptr. 181, the appellant contended that the San Bernardino petit jury selection system was constitutionally invalid because the sole source used, voter registration lists, did not provide a representative cross-section of the community. The court stated, "A comparison between readily available census statistics and voter registration lists would seem to be a sufficient basis for a proper challenge to the petit jury selection procedures. [Citation.]" (Id., at p. 870, 104 Cal.Rptr. 181, fn. omitted.)

In United States v. Butera (1st Cir.1970) 420 F.2d 564, the court accepted actual population statistics, stating, "[I]t may be so difficult to obtain full and accurate figures for 'jury eligibles' that to require such figures would--at least in some cases--place an insuperable burden on defendant.

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