Whether Duren's "systematic exclusion" prong can be satisfied by proof that a distinctive group has been consistently underrepresented in the jury-selection process over a long period—or instead requires evidence of specific procedures causing the disparity, or evidence of discriminatory intent in those procedures—an issue that divides both the federal courts of appeals and the state courts of last resort.

Whether Duren's 'systematic exclusion' prong can be satisfied by proof of consistent underrepresentation or requires evidence of specific discriminatory procedures or intent