The phrase "a jury of peers" dates back to the signing of the Magna Carta in England. At that point, the provision ensured that members of the nobility were tried by a jury comprised of fellow nobles, rather than being judged by the king. Now, however, this phrase more accurately means "a jury of fellow citizens."

While courts don't have to ensure that a defendant's race, gender, or age group is represented in the jury pool, the U.S. Supreme Court has held that courts may not remove a potential juror based solely on their race or gender. In practice, however, potential jurors often are removed for what appears to be their gender or race, even though the removal is for other stated reasons (or for no particular reason at all).