The Sixth Amendment to the United States Constitution guarantees criminal defendants the right to a public trial. This right, although fundamental, is not absolute. The Supreme Court has held that a criminal defendant’s public-trial right extends to pretrial proceedings including suppression motions and voir dire of potential jurors. Moreover, several circuit courts considering the matter have concluded that the right to a public trial also includes jury-selection proceedings and omnibus hearings. State courts, especially Massachusetts courts, have followed suit in finding structural error when the courtroom is closed during voir dire, jury selection, or trial.
The Sixth Amendment also guarantees a defendant’s right to be tried by an impartial jury. An impartial jury comprised of the defendant’s peers aims to prevent overzealous prosecution and biased judges. Jury-selection proceedings protect criminal defendants by finding an impartial cross section of the community. This cross section is derived from a panel of prospective jurors, called a venire. . .