dissenting.
Juror John Smith vigorously pursued employment with the office of the prosecutor throughout the course of his jury service in respondent’s state criminal trial. The' prosecutors learned of Smith’s efforts during the trial, but improperly failed to disclose this information until after the jury had returned a verdict of guilty against respondent. The state court conducted a post-trial evidentiary hearing and determined that the juror was not actually biased. Thus, it ruled that respondent was not prejudiced, and refused to set aside the conviction. Respondent subsequently filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York, claiming that he was denied his constitutional right to an impartial jury. The District Court ruled that the conviction should be set aside, and the United States Court of Appeals for the Second Circuit affirmed. A majority of this Court now reverses, holding that the post-trial evidentiary hearing provided sufficient protection to respondent’s right to an impartial jury. Because I find the majority’s analysis completely unpersuasive, I dissent.
I
The right to a trial by an impartial jury lies at the very heart of due process. Irvin v. Dowd, 366 U. S. 717, 721-722 *225(1961).1 “[O]ur common-law heritage, our Constitution, and our experience in applying that Constitution have committed us irrevocably to the position that the criminal trial has one well-defined purpose — to provide a fair and reliable determination of guilt.” Estes v. Texas, 381 U. S. 532, 565 (1965) (Warren, C. J., with whom Douglas and Goldberg, JJ., joined, concurring). That purpose simply cannot be achieved if the jury’s deliberations are tainted by bias or prejudice. Fairness and reliability are assured only if the verdict is based on calm, reasoned evaluation of the evidence presented at trial. Thus, time and time again, in a broad variety of contexts, the Court has adopted strong measures to protect the right to trial by an impartial jury.
The Court has insisted that defendants be given a fair and meaningful opportunity during voir dire to determine whether prospective jurors are biased — even if they have no specific prior knowledge of bias. In Ham v. South Carolina, 409 U. S. 524 (1973), the Court held that a trial court may not deny a Negro defendant the opportunity to question prospective jurors on the subject of racial prejudice when the circumstances suggest the need for such questioning. Even when questions about racial prejudice are not required, a generalized and thorough inquiry into prejudice is necessary. Ristaino v. Ross, 424 U. S. 589 (1976).
*226The Court has also insisted that the jury be selected from a representative cross-section of the community. Selection procedures that exclude significant portions of the population, and thus increase the risk of bias, are invalid. For example, in Peters v. Kiff, 407 U. S. 493 (1972), the Court invalidated a selection procedure that resulted in the systematic exclusion of Negroes.2 Similarly, in Taylor v. Louisiana, 419 U. S. 522 (1975), the Court struck down a state rule excluding women from compulsory jury service.3 And in Witherspoon v. Illinois, 391 U. S. 510 (1968), the Court ruled that a defendant in a capital case was denied his right to an impartial jury on the issue of sentence when the trial judge automatically excluded jurors who had scruples against capital punishment.
The right to a jury drawn from a fair cross-section of the community extends even to defendants who are not members of the excluded class. In Peters v. Kiff, supra, the defendant challenging the exclusion of blacks was white; in Taylor v. Louisiana, supra, the defendant challenging the exclusion of women was male. Exclusion is impermissible, not simply because jurors who are not members of the defendant’s class may be prejudiced against the defendant, but also because the jury would be deprived of “a perspective on human events that may have unsuspected importance in any case that may be presented.” Peters v. Kiff, supra, at 503-504 (opinion announcing judgment). . See also Taylor v. Louisiana, supra, at 531.4
*227The Court has also acted to protect defendants from the possibility that jurors might be prejudiced by extensive pretrial publicity. In Rideau v. Louisiana, 373 U. S. 723 (1963), it ruled that the trial court should have granted a request for a change in venue, when the entire community had seen the defendant confess to the crime in a police interrogation broadcast on television. The Court did not require a particularized showing that the confession actually prejudiced the jurors against the defendant. Later, in Irvin v. Dowd, 366 U. S. 717 (1961), the Court reversed a conviction where widespread and inflammatory publicity had preceded the trial, even though each of the jurors had insisted that he would remain impartial.
Similarly, the Court has stated that defendants must be protected from the impact on jurors of publicity during trial. Although an absolute constitutional ban on news coverage of trials by the print or broadcast media cannot be justified, the defendant must be given an opportunity to demonstrate that the media’s coverage of his case compromised the ability of the particular jury that heard the case to weigh the evidence fairly. Chandler v. Florida, 449 U. S. 560, 575 (1981); see also Nebraska Press Assn. v. Stuart, 427 U. S. 539, 563-565 (1976); Estes v. Texas, supra.
The Court has guarded against other conduct by third parties that might affect the jury’s impartiality. In Remmer v. United States, 347 U. S. 227 (1954), it ruled that any communication with a juror during a trial about the matter pending before the jury “is, for obvious reasons, deemed presumptively prejudicial.” Id., at 229. Although this presumption is not conclusive, “the burden rests heavily upon the Government to establish, after notice to and hearing of the defendant, that such contact with the juror was harmless to the defendant.” Ibid. See also Turner v. Louisiana, 379 U. S. 466 (1965) (jury could not try a case after it had been placed *228in protective custody of deputy sheriffs who had been the principal prosecution witnesses, even though jurors might not have been influenced by the association).
To summarize, the Court has required inquiry into prejudice even when there was no evidence that a particular juror was biased; has regarded the absence of a balanced perspective, and not simply the existence of bias against defendant, as a cognizable form of prejudice; has not always required a particularized showing of prejudice; and has strongly presumed that contact with a juror initiated by a third party is prejudicial. In this case, where there was evidence that juror Smith had a serious conflict of interest, and where that conflict would inevitably distort his perspective on the ease, the majority nevertheless holds that the juror’s simple assertion, after the verdict, that he was not biased sufficiently protects respondent’s right to trial by an impartial jury. This holding is utterly inconsistent with the Court’s historical recognition of this “most priceless” right. Irvin, swpra, at 721.
II
A
The majority concedes the importance of the right to a trial by an impartial jury. It claims, however, that respondent’s right was adequately protected here, because the state trial judge conducted a postverdict evidentiary hearing and concluded that Smith was not actually biased. According to the majority, the Constitution requires only that the defendant be given an opportunity to prove actual bias. Indeed, it would apparently insist on proof of actual bias, not only when a juror had applied for employment with the prosecutor’s office, but also when the juror was already employed in the prosecutor’s office, or when he served as a prosecuting attorney. The majority relies on the premise that an evidentiary hearing provides adequate assurance that prejudice does not exist. This premise, however, ignores basic human psychology. In cases like this one, an evidentiary hearing can never adequately protect the right to an impartial jury.
*229Despite the majority’s suggestions to the contrary, juror Smith was not a passive, indifferent job applicant.5 He began pursuing employment as an investigator in the Office of the District Attorney on September 23, 1974, the same day he was sworn in. He asked a friend, Criminal Court Officer Rudolph Fontaine, to determine the proper method of applying for employment. Once he had completed his application, he gave it to Fontaine for hand delivery to the District Attorney’s Office, apparently because he assumed that the court officer had a personal contact in the office. In addition, after the application had been filed, he met regularly with Fon-taine and Jury Warden Mario Piazza in order to determine the progress of his application. On November 21, 1974, the jury returned a verdict of guilt and the trial ended. The very next day, Smith phoned the District Attorney’s Office to check on the status of his application. When he was unable to get in touch with anyone who knew about his application, he asked his former supervisor to make inquiries in his behalf.
When a juror vigorously and actively pursues employment in the prosecutor’s office throughout the course of a trial, the probability of bias is substantial. This bias may be conscious, part of a calculated effort to obtain a job. The juror may believe that his application will be viewed favorably if the defendant is found guilty. Thus, he may decide to vote for a verdict of guilty regardless of the evidence, and he may attempt to persuade the other jurors that acquittal is not justified. There is also a very serious danger of unconscious bias. Only individuals of extraordinary character would not be affected in some way by their interest in future employ*230ment. Subconsciously, the juror may tend to favor the prosecutor simply because he feels some affinity with his potential employer. Indeed, the juror may make a sincere effort to remain impartial, and yet be unable to do so.
Not only is the probability of bias high, it is also unlikely that a post-trial evidentiary hearing would reveal this bias. As the Court of Appeals stated, given the human propensity for self-justification, it is very difficult “to learn from a juror’s own testimony after the verdict whether he was in fact ‘impartial.’” 632 F. 2d 1019, 1022 (CA2 1980). Certainly, a juror is unlikely to admit that he had consciously plotted against the defendant during the course of the trial. Such an admission would have subjected juror Smith to criminal sanctions.6 It would also have damaged his prospects for a career in law enforcement. A law enforcement agency is unlikely to hire an investigator whose credibility could always be impeached by an admission that he had disregarded his juror’s oath in a criminal trial.
Even when the bias was not part of an affirmative course of misconduct, however, but was unconscious, a juror is unlikely to admit that he had been unable to weigh the evidence fairly. If he honestly believes that he remained impartial throughout the trial, no amount of questioning will lead to an admission. Rather, the juror will vehemently deny any accusations of bias.7
In the past,, the Court has recognized that the question whether a juror is prejudiced poses substantial problems of proof.
*231“Bias or prejudice is such an elusive condition of the mind that it is most difficult, if not impossible, to always recognize its existence, and it might exist in the mind of one (on account of his relations with one of the parties) who was quite positive that he had no bias, and said that he was perfectly able to decide the question wholly uninfluenced by anything but the evidence.” Crawford v. United States, 212 U. S. 183, 196 (1909).
Similarly, in Irvin v. Dowd, 366 U. S., at 728, the Court stated that although a juror may be sincere when he says that he was fair and impartial to the defendant, the “psychological impact requiring such a declaration before one’s fellows is often its father.” And in Peters v. Kiff, the opinion announcing the judgment stated: “It is in the nature of the practices here challenged that proof of actual harm, or lack of harm, is virtually impossible to adduce.” 407 U. S., at 504 (Marshall, J., joined by Douglas and Stewart, JJ.).
I believe that in cases like this one, where the probability of bias is very high, and where the evidence adduced at a hearing can offer little assurance that prejudice does not exist, the juror should be deemed biased as a matter of law. Specifically, where a juror pursues employment with the office of the prosecutor, under circumstances highly suggestive of misconduct or conflict of interest, bias should be “implied,” and he should be automatically disqualified, despite the absence of proof of actual bias. If the juror’s efforts to secure employment are not revealed until after the trial, the conviction must be set aside/ The right to a trial by an impartial *232jury is too important, and the threat to that right too great, to justify rigid insistence on actual proof of bias. Such a requirement blinks reality.
B
Adoption of a conclusive presumption of bias in these limited circumstances would not be without precedent; such presumptions of juror bias have ancient historical roots. At English common law, prospective jurors could be challenged not only when the defendant could prove actual bias, but also when the circumstances were such that bias could be implied.9 Blackstone states that exclusion of a prospective juror for implied bias is appropriate when it is shown:
“that [he] is of kin to either party within the ninth degree; that he has been arbitrator on either side; that he has an interest in the cause; that there is an action pending between him and the party; that he has taken money for his verdict; that he has formerly been a juror in the same cause; that he is the party’s master, servant, coun-sellor, steward, or attorney, or of the same society or corporation with him.” 3 W. Blackstone, Commentaries 480-481 (W. Hammond ed. 1890).
*233Similarly, Bracton states that if the defendant “suspects any of the twelve jurors he may remove him for just cause . . . as where there are deadly enmities between some of them and the indicted man, or there is a greedy desire to get his land . . , ; if there is ground for suspicion all are to be removed, that the inquiry may proceed free from all doubts.” 2 S. Thome, Bracton on the Laws and Customs of England 405 (1968).
The States also employ rules of implied bias. Most jurisdictions have statutes that set forth conduct or status that will automatically disqualify prospective jurors, without regard to whether that person is actually biased. These statutes frequently exclude persons related to the prosecution, defense counsel, a witness, or the defendant.10 The New York statute, which would have been applied here if juror Smith’s intention to apply for a job had come to light during voir dire, is especially broad; it disqualifies any person who has a relationship to a party or witness to the action which is likely to preclude that person from rendering an impartial verdict. N. Y. Crim. Proc. Law § 270.20(l)(c) (McKinney 1971). This provision, added to the statute in 1971, calls for the application of an “average person” standard and does not require proof that the particular potential juror would be biased. See, e. g., People v. Provenzano, 50 N. Y. 2d 420, 424, 407 N. E. 2d 408, 410 (1980).11
*234Some state courts have also permitted challenges for implied bias on a case-by-case basis.12 In fact, at least one court has presumed bias in circumstances very similar to those presented here. In Haak v. State, — Ind. —, 417 N. E. 2d 321 (1981), the Indiana Supreme Court held that a woman whose husband was offered a position on the prosecutor’s staff on the day that she was selected as a juror in a rape case was impliedly biased. The court stated that the juror’s bias could not be “avoided or dissolved by admonitions from the court or by the juror’s assertion that she believed she could judge the case impartially.” Id., at —, 417 N. E. 2d, at 326. It was unrealistic to “expect a juror in this situation to act with an even hand toward both parties.” Ibid. Thus, the trial judge erred in refusing to grant defendant’s motion for a mistrial.13 See also Tableporter v. Urist, 157 Misc. 347, 283 N. Y. S. 350 (Mun. Ct. 1935) (conviction set aside where juror’s son applied to defendant for a job).
Of course, the fact that many States employ rules of implied bias in situations similar to those presented here does not necessarily imply that such rules are constitutionally mandated.14 The widespread state practice does, however, *235support that conclusion. The States would not adopt such rules at the expense of their strong interest in efficiently procuring convictions if they were not committed to safeguarding the right to trial by an impartial jury, and if they did not believe that this right was seriously threatened.
C
In concluding that an implied-bias rule is not appropriate, and that a post-trial evidentiary hearing is an adequate remedy, the majority relies heavily on this Court’s decision in Remmer v. United States, 347 U. S. 227 (1954). The defendant in that case was being tried for income tax evasion. During the course of the trial, an unnamed person attempted to bribe a juror. The juror reported this incident to the trial judge, who asked the Federal Bureau of Investigation (FBI) to conduct an investigation. After interviewing the juror, the FBI concluded that the bribery attempt had been made “in jest,” id., at 228, and had not had a prejudicial impact. The trial judge decided not to take any action. The defense learned of the incident after the jury returned a verdict of guilty. It moved for a new trial, complaining that the bribery attempt and the FBI investigation were likely to have influenced the jury’s deliberations. The Court held that any private communication with a juror during trial about the matter pending before the jury is presumptively prejudicial. It stated, however, that this presumption is not conclusive, and that the Government should be given an opportunity to show that the contact was harmless. The Court then remanded the case to the District Court with directions to hold a hearing to determine whether the incident was harmful, and if so, to grant a new trial.
According to the majority, Remmer establishes that a postverdict inquiry will always be the appropriate remedy where claims of jury prejudice are raised after the conclusion of the trial. The holding of Remmer is not nearly so broad, however. The Court did not purport to address instances of *236serious juror misconduct in which bias could be implied. An examination of the facts of that case reveals that the danger of bias was much less substantial in that case than in this one. The defendant claimed only that the jury might have been influenced by the unsuccessful bribery attempt and the FBI investigation. There were no allegations that the jurors themselves were guilty of misconduct. Moreover, even if the jurors were influenced by the bribery attempt made “in jest” or the contact with the FBI, an evidentiary hearing was more likely to reveal that impact. A juror will be less reluctant to admit that he was disturbed or upset by the misconduct of a third party, than to admit that he himself acted improperly.
The majority also relies upon this Court’s decisions in Dennis v. United States, 339 U. S. 162 (1950); Frazier v. United States, 335 U. S. 497 (1948); and United States v. Wood, 299 U. S. 123 (1936).15 In these cases, the Court indicated that the fact that a juror was employed by the Federal Government did not by itself require a finding of implied bias in cases in which the Government was a party.16 The Court was not persuaded by “vague conjectures” that Government employees are “peculiarly vulnerable” to a “miasma of fear,” or are “so intimidated that they cringe before their Government in fear of investigation and loss of employment if they do their duty as jurors.” Dennis, supra, at 172. However, *237these cases do not hold that an implied-bias rule would never be appropriate. In all three decisions the Court stressed that trial judges would retain power to safeguard the interests of the defendant where circumstances suggest a real danger of bias. This power surely includes the application of a per se rule where necessary. Dennis, supra, at 168; Frazier, supra, at 511; Wood, supra, at 150.17
Indeed, in Leonard v. United States, 378 U. S. 544 (1964) (per curiam), this Court explicitly endorsed the application of an implied-bias rule.18 The petitioner in that case was con*238victed in separate trials of forging Government checks and of transporting forged instruments in interstate commerce. The two cases were tried in succession. The jury in the first case announced its guilty verdict in open court in the presence of the jury panel from which the jurors who were to try the second case were selected. Petitioner objected, but the objection was overruled. This Court reversed, holding that prospective jurors who have sat in the courtroom and heard a verdict returned against an individual immediately prior to that individual’s trial on a similar charge should be automatically disqualified.19
In short, this Court’s cases do not establish that an automatic disqualification rule is never appropriate. To the contrary, Leonard reveals that the Court has employed such a rule in those limited circumstances presenting an unusually high probability that a juror is biased and a similarly high probability that a hearing will not reveal that bias.
D
The majority also emphasizes that federal courts exercising habeas corpus jurisdiction must ordinarily defer to state-court findings of fact. It points to 28 U. S. C. § 2254(d), *239which provides that state-court factfinding should be presumed correct. Of course, federal courts have limited power of review in habeas corpus proceedings. I think it clear, however, that deference is not appropriate under the circumstances of this case.
As I have already explained, I do not believe that it was possible for the state court to determine, on the basis of an evidentiary hearing, whether Smith was biased. The state factfinding was inherently unreliable. Section 2254(d) recognizes that deference is not appropriate in such cases. It provides that the presumption in favor of state factfinding may be overcome when “the applicant did not receive a full, fair, and adequate hearing in the state court proceeding,” or when “he was otherwise denied due process of law.” §§ 2254(d)(6), (7). The evidentiary hearing conducted here was not fair and adequate. Furthermore, because the hearing could not protect sufficiently the right to an impartial jury, respondent was denied due process/ Under the circumstances, § 2254(d) does not bar review of the state-court decision.
Ill
I would also affirm the decision of the Court of Appeals on an alternative ground. Respondent was prejudiced by the. *240prosecutors’ failure to disclose during the trial their knowledge that juror Smith had applied for a job with the Office of the District Attorney. If the prosecutors had informed the court in a timely fashion, an alternate juror would almost certainly have been selected, thus ending any danger of bias.
The prosecutors’ conduct in withholding the information was clearly improper. At the evidentiary hearing, they claimed that they failed to disclose the fact that Smith had applied for a job with their office in part because they were caught up in preparations for the final stages of trial. This explanation is not convincing. At the close of the evidence, the prosecutors revealed that another juror, Bethel, had been arrested on a narcotics charge prior to trial and had agreed to cooperate with the District Attorney’s Office in exchange for dismissal of the charges. After this disclosure, and an in camera hearing, the parties consented to the discharge of this juror, and his replacement by one of four alternates. The fact that the prosecutors were willing to disclose information concerning Bethel suggests that they failed to reveal Smith’s conduct, not because of time pressures, but because they believed that Smith’s presence on the jury would be valuable.20 Even the petitioner now concedes that the prosecutors should have informed the trial judge and the defense as soon as they learned of Smith’s application, and that their failure to do so was inexcusable.
The majority argues that prosecutorial misconduct, by itself, is not sufficient to justify reversal of a conviction in ha-*241beas corpus proceedings.21 It relies primarily on this Court’s decisions in United States v. Agurs, 427 U. S. 97, 110, 112 (1976), and Brady v. Maryland, 373 U. S. 83, 87, 92 (1963), which suggest that the constitutional obligation to disclose material evidence is not measured simply by the moral culpability of the prosecutor, and that relief is ordinarily appropriate only when the defendant was prejudiced by the prosecutor’s actions.22 Even if the majority is correct in holding that prejudice is also required where the prosecutor fails to disclose information suggesting that a juror might be biased, I think it clear that respondent was prejudiced here. If the fact that Smith had applied for a job had been promptly disclosed, respondent’s jury trial right could have been protected.
If disclosure had been made during trial, the parties might simply have agreed that Smith should be replaced with one of *242the alternates. Such an agreement was reached with respect to juror Bethel. The trial judge might also have exercised his power under N. Y. Crim. Proc. Law §270.35 (McKinney 1971), which provides that “[i]f at any time after the trial jury has been sworn and before its rendition of a verdict the court is satisfied, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve ... , or that a juror has engaged in misconduct of a substantial nature ... , the court may, if an alternative juror . . . is available for service, discharge such trial juror and order that he be replaced.”23 Both of these simple remedies would have eliminated the possibility of juror bias.
At the very least, as the trial judge himself stated, if disclosure had been made during trial he would have conducted a hearing to determine whether Smith had engaged in misconduct or whether he was actually biased. As I have already suggested, I have serious doubts whether an evi-dentiary hearing of this nature could ever be reliable. However, a hearing during trial is far more likely to reveal evidence of bias than a post-trial hearing. The pressures on a juror in Smith’s position would be much less substantial. After trial, he would have to admit that he had been unable to obey his oath as a juror, and that he had been unfair in evaluating the evidence. During trial, on the other hand, he would only have to state that his pending application for a job with the prosecutor’s office might affect his ability to weigh the evidence fairly.
Just as important, the pressures on the judge are much less substantial where the hearing is held during the course of a trial. During trial, if the judge finds that a juror is biased, he can simply replace the juror with an alternate. *243After trial, if actual bias is found, the only remedy is to set aside the conviction and begin a new trial. Any judge would hesitate before taking such action. The pressures must have been particularly great in this case. Respondent was first tried in 1972. When the jury was unable to reach a verdict, a mistrial was declared. Respondent’s second trial did not begin until two years later. The second trial lasted nine weeks, and 44 witnesses were called to testify. Under these circumstances, where a third trial would have led to even more expense and delay, a judge would be reluctant to set aside the conviction.
In short, if the prosecutors had not withheld the information about Smith’s job application, it is quite likely that Smith would have been excused and replaced with an alternate. If a replacement had been made, the substantial danger of juror bias would have been eliminated. Thus, under the circumstances, respondent was prejudiced by the prosecutors’ misconduct. Given the existence of this prejudice, and the fundamental importance of the right to an impartial jury, I would set aside the conviction.
The limited power of federal courts in habeas corpus proceedings poses no obstacle to this conclusion. Although the trial judge found during a post-trial hearing that Smith was not actually biased, deference to state-court factfinding is not required where the evidentiary hearing on which the fact-finding is based is inherently unreliable. See supra, at 238-239. The prosecutors’ misconduct in this case deprived respondent of a hearing during trial, and of the opportunity to substitute an alternate juror. Where the prosecutors’ conduct acted to deprive respondent of this alternative, the State cannot, consistent with due process, relegate respondent’s right to an impartial jury to a belated, inadequate post-trial hearing.
*244<1
The majority adopts a completely unrealistic view of the efficacy of a post-trial hearing, and thus fails to accord any meaningful protection to the right to an impartial jury, one of the most valuable rights possessed by criminal defendants. I would affirm the judgment of the Court of Appeals on the ground that a juror who applies for employment with the office of the prosecutor and vigorously pursues that employment throughout the course of the trial is impliedly biased. I would also affirm on the alternative ground that the prosecutors improperly failed to disclose during trial that the juror applied for a job, thereby prejudicing respondent by depriving him of the opportunity to substitute an unbiased alternate juror.
The majority concedes that due process means an unbiased jury, “capable and willing to decide the case solely on the evidence.” Ante, at 217. All respondent has asked for is the opportunity to be tried by such a jury. If the prosecutors had taken the simple step of informing the trial judge that Smith had applied for employment with their office, Smith could have been replaced, and respondent would have received an opportunity to be tried by an impartial jury. Because the prosecutors intentionally failed to do so, however, a juror who was almost certainly prejudiced against respondent participated in the deliberations. If due process really does mean a full and fair opportunity to be tried by an unbiased jury, “capable and willing to decide the case solely on the evidence” — then in this case, due process has been denied.
In Irvin v. Dowd, the Court stated:
“In essence, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, ‘indifferent’ jurors. The failure to accord an accused a fair hearing violates even the minimal standards of due process. In re Oliver, 333 U. S. 257; Tumey v. Ohio, 273 U. S. 510. ‘A fair trial in a fair tribunal is a basic requiremenfof due process.’ In re Murchison, 349 U. S. 133, 136. In the ultimate analysis, only the jury can strip a man of his liberty or his life. In the language of Lord Coke, a juror must be as ‘indifferent as he stands unswome.’ Co. Litt. 155b. His verdict must be based upon the evidence developed at the trial. Cf. Thompson v. City of Louisville, 362 U. S. 199. This is true, regardless of the heinousness of the crime charged, the apparent guilt of the offender or the station in life which he occupies.” 366 U. S., at 722.
In Peters v. Kiff, the opinion announcing the judgment of the Court stated that such procedures were unacceptable even when there is no proof of actual bias. 407 U. S., at 504 (Marshall, J., joined by Douglas and Stewart, JJ.). The opinion explained that actual bias is virtually impossible to prove. Ibid. Thus, it is necessary to “decide on principle which side shall suffer the consequences of unavoidable uncertainty.” Ibid. Given the great potential for harm, and the importance of the right to an impartial jury, doubts should be resolved in favor of the defendant. Ibid.
See also Ballard v. United States, 329 U. S. 187 (1946).
In Taylor v. Lousiaua, the Court stated that “ ‘a flavor, a distinct quality is lost if either sex is excluded,' ” and that “ 'exclusion of one may indeed *227make the jury less representative of the community than would be true if an economic or racial group were excluded.’” 419 U. S., at 532 (quoting Ballard v. United States, supra, at 194).
The majority notes that during voir dire, the defense chose not to challenge Smith, even though he had stated that he had a strong interest in a law enforcement career. Ante, at 212-213, n. 4. However, since the defendant was himself a law enforcement officer, such an interest would not necessarily have been unfavorable to the defense. I think it clear that a general career interest in law enforcement is very different from an application for a job with the prosecutor in a particular case.
If Smith were found to have engaged in a course of conscious misconduct, he might have been prosecuted under N. Y. Penal Law § 195.05 (obstructing governmental administration); § 215.20 (bribe receiving by a juror); or § 215.20 (misconduct by a juror) (McKinney 1975). He might also have been found guilty of criminal contempt. See § 215.20.
The petitioner emphasizes that during the evidentiary hearing, the trial judge had an opportunity to observe the juror’s demeanor. Thus, argues the petitioner, even where the juror denies that he was biased, the trial judge will be able to measure the jurpr’s integrity, and decide whether *231to credit his claim that he fairly weighed the evidence. It may be true that the opportunity to observe the juror will be of assistance in some cases. However, it will be of little value where the juror honestly but falsely believes that he was impartial.
Although the concurring opinion would not use an implied-bias rule in this case, it agrees that in some circumstances, such a rule is appropriate. It suggests, for example, that a finding of implied bias might be justified where “the juror is an actual employee of the prosecuting agency.” Ante, *232at 222. In my view, it is impossible to draw meaningful distinction between a juror who is an actual employee of the prosecuting agency, and a juror who has applied for employment with that agency. Indeed, there may be a greater danger of bias where the juror is pursuing a job. An individual who has not yet obtained employment and who believes that his job prospects are at stake may be very anxious to please.
In United States v. Wood, 299 U. S. 123 (1936), the Court described the common law regarding challenges to prospective jurors as follows:
“Challenges at common law were to the array, that is, with respect to the constitution of the panel, or to the polls, for disqualification of a juror. Challenges to the polls were either ‘principal’ or ‘to the favor,’ the former being upon grounds of absolute disqualification, the latter for actual bias.” Id., at 134-135.
See also 3 W. Blackstone, Commentaries 480-481 (W. Hammond ed. 1890).
See, e. g., Cal. Penal Code Ann. § 1074 (West Supp. 1981); Idaho Code § 19-2020 (1979); Minn. Rule Crim. Proc. 26.02(5); N. Y. Crim. Proc. Law §270.20(1) (McKinney 1971); N. D. Cent. Code §29-17-36 (Supp. 1981); Okla. Stat., Tit. 22, §660 (1971); Ore. Rev. Stat. §136.220 (1979); S. D. Comp. Laws Ann. §23A-20-13 (1979); Utah Code Ann. § 77-35-18(e) (1980).
At the time of voir dire, Smith had not yet applied for a job with the office of the District Attorney. It seems likely, however, that if he had filed an application at this point, and this fact came to light during voir dire, he would have been automatically disqualified pursuant to N. Y. Crim. Proc. Law § 270.20(l)(c) (McKinney 1971).
See, e. g., State v. West, 157 W. Va. 209, 210, 200 S. E. 2d 859, 861 (1973) (reversible error where trial court denies challenge for cause to juror who is employee of prosecutorial agency); State v. Kokoszka, 123 Conn. 161, 163, 193 A. 210, 211 (1937); State v. Howard, 17 N. H. 171 (1845), overruled on other grounds, Shulinsky v. Boston & M. R. Co., 83 N. H. 86, 89, 139 A. 189, 191 (1927).
Cf. Block v. State, 100 Ind. 357 (1885) (juror who is deputy prosecutor should be disqualified); Barnes v. State, 263 Ind. 320, 330 N. E. 2d 743 (1975) (juror whose relative is a member of the prosecutor’s staff should be disqualified).
A decision to endorse rules of implied bias would not lead to the con-stitutionalization of a wide variety of state disqualification rules. As I stated above, I believe that an implied-bias rule is constitutionally mandated only when the probability of bias is particularly great, and when an evidentiary hearing is particularly unlikely to reveal that bias. Measured against this standard, many state rules would not be constitutionally required.
It further relies on this Court’s decision in Chandler v. Florida, 449 U. S. 560 (1981), which held that the appropriate safeguard against the possibility that news coverage of a defendant’s trial influenced the jurors is the defendant’s opportunity to show that the coverage compromised the ability of the jury to adjudicate fairly. However, that case certainly does not hold that automatic disqualification rules would never be appropriate.
United States v. Wood upheld the constitutionality of a District of Columbia statute that permitted Federal Government employees to serve on juries in which the United States was a party. Dennis v. United States ruled that Government employees need not be excused from serving as jurors in the prosecution of the General Secretary of the Communist Party, U. S. A. Frazier v. United States refused to uphold a challenge to a jury that consisted entirely of Government employees.
There is language in each of the three opinions that might be interpreted to suggest that a hearing to determine actual bias will always be a sufficient remedy. See, e. g., Dennis v. United States, 339 U. S., at 171-172 (“[preservation of the opportunity to prove actual bias is a guarantee of a defendant’s right to an impartial jury”); Frazier v. United States, 335 U. S., at 510 (in ordinary circumstances jurors are subject to challenge only for “actual bias”); United States v. Wood, 299 U. S., at 150 (courts should conduct full inquiry into “actual bias” where circumstances suggest such inquiry is appropriate). In these cases, however, the Court regarded “actual bias” as including “not only prejudice in the subjective sense but also such as might be thought implicitly to arise ‘in view of the nature or circumstances of his employment, or of the relation of the particular governmental activity to the matters involved in the prosecution, or otherwise.’ ” Frazier v. United States, supra, at 510-511, n. 19 (quoting United States v. Wood, supra, at 133-134).
Cf. Tumey v. Ohio, 273 U. S. 510, 532 (1927) (judge with financial interest in outcome is disqualified from hearing case, even though he might not actually have been affected by financial interest, because average man in that position would be subject to “possible temptation . . . not to hold the balance nice, clear and true between the State and the accused”); In re Murchison, 349 U. S. 133 (1955) (judge may not conduct grand jury inquiry and then adjudicate charges against defendant because his impartiality might reasonably be questioned); Peters v. Kiff, 407 U. S. 493 (1972) (opinion of Marshall, J., joined by Douglas and Stewart, JJ.) (possibility that jury selection procedures that exclude Negroes might result in bias against defendant is sufficient to justify invalidation of those procedures); see also n. 2, supra.
It is relevant to note that if a judge had an application pending with a litigant while he was trying a case, he would be presumed biased, no matter how vigorously he protested that he was actually impartial. See Tumey, supra; Murchison, supra.
A number of lower federal courts have also suggested that implied-bias rules may be appropriate in some circumstances. See, e. g., McCoy v. Goldston, 652 F. 2d 654 (CA6 1981) (bias should be implied and new trial granted where juror conceals information that would have resulted in disqualification for cause); United States v. Allsup, 566 F. 2d 68, 71-72 (CA9 1977) (new trial should be granted in robbery trial where two of jurors worked for bank that had been robbed); Deschenes v. United States, 224 F.2d 688 (CA10 1955) (dictum) (in some circumstances prejudice must be presumed and court, as matter of law, must grant a new trial); Cavness v. United States, 187 F. 2d 719 (CA5 1951) (dictum) (same). See also United States v. Kyle, 152 U. S. App. D. C. 141, 145, 469 F. 2d 547, 551 (1972) (Bazelon, J., dissenting) (defendant claims that juror who had been castigated by judge when serving as a juror in another trial would be prejudiced against him; “[a] Procrustean demand for a showing of prejudice is ill-suited to a case where the very integrity of the judicial process is at stake and where the inability to demonstrate prejudice offers little assur-*239anee that prejudice did not exist”), cert. denied, 409 U. S. 1117 (1973). But see United States v. Brown, 644 F. 2d 101, 104-105 (CA2 1981) (court refuses to “ ‘create a set of unreasonably constricting presumptions that jurors be excused for cause due to certain occupational or other special relationships which might bear directly or indirectly on the circumstances of a given case, where . . . there is no showing of actual bias or prejudice’ ”) (quoting Mikus v. United States, 433 F. 2d 719, 724 (CA2 1970)).
Almost 200 years ago, in United States v. Burr, 25 Fed. Cas. 49, 50 (No. 14,692g) (CC Va. 1807), Chief Justice Marshall indicated that he believed implied-bias rules were appropriate in some circumstances. A person “may declare that he feels no prejudice in the case; and yet the law cautiously incapacitates him from serving on the jury because it supposes prejudice, because in general persons in a similar situation would feel prejudice.” Ibid.
The state trial judge, the District Court, and the Court of Appeals all condemned the prosecuting attorneys’ conduct. The trial judge stated that the failure to inform the court and defense counsel of Smith’s application was “a serious error in judgment,” People v. Phillips, 87 Misc. 2d 613, 628, 384 N. Y. S. 2d 906, 916 (1975), and “unique misjudgment,” id,., at 631, 384 N. Y. S. 2d, at 918. See also 485 F. Supp. 1365, 1369-1370 (SDNY 1980); 632 F. 2d 1019, 1023 (CA2 1980).
The majority also points out that federal courts do not have supervisory power over state courts, and that as a result, habeas corpus review of a state-court conviction based on prosecutorial misconduct must focus on possible due process violations. See Donnelly v. DeChristoforo, 416 U.S. 637, 642 (1974).
Depending on the nature of the prosecutor’s misconduct, the prejudice requirement may be easily satisfied. If the prosecutor knowingly presents perjured testimony, the conviction must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury. United States v. Agurs, 427 U. S., at 103-104. After all, presentation of perjured testimony is “a corruption of the truth-seeking function of the trial process.” Id., at 104. Where the prosecutor fails to comply with a request for specific evidence, and if there is a substantial basis for claiming that the evidence was material, the failure to disclose is rarely excused. Brady v. Maryland, 373 U. S., at 87. The defendant faces a substantial burden only if the prosecutor fails to disclose material evidence, when no specific request for the evidence was ever made. In this circumstance, the verdict may be set aside if the evidence creates a reasonable doubt that did not otherwise exist. United States v. Agurs, supra, at 112.
The failure to disclose possible juror bias can be analogized to a prosecutor’s knowing use of perjured testimony. Both forms of prosecutorial misconduct result in corruption of the truth-seeking function of the trial process. See United States v. Agurs, supra, at 105; see also n. 20, supra. Thus, in this context also, the conviction should be set aside if there is any *243reasonable likelihood that the material omission could have affected the judgment of the jury. See 427 U. S., at 103-104; n. 20, supra. Here, clearly, such a reasonable likelihood does exist.