Swain v. Alabama, 380 U.S. 202 (1965), was a case heard before the Supreme Court of the United States regarding the legality of a struck jury.

[1] Swain, a black man, was indicted and convicted of rape in the Circuit Court of Talladega County, Alabama, and sentenced to death by an all white jury.

[2] In a 6–3 decision, the Supreme Court affirmed the decision of the Alabama Supreme Court, holding that neither the racial disparity in jury pools nor the decade-long absence of any black juror to serve at trial presented evidence sufficient to "make out a prima facie case of invidious discrimination under the Fourteenth Amendment."

With regard to the historical under-representation of black jurors in Talladega County jury pools, the Majority held, "The overall percentage disparity has been small and reflects no studied attempt to include or exclude a specified number of Negros."

This case recognized the peremptory challenge as a valid legal practice so long as it was not used intentionally to exclude blacks from jury duties.