22-3412. Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3412
22-3412. Jury selection; peremptory challenges; swearing of jury;alternate or additional jurors.(a) (1) For crimes committed before July 1, 1993, peremptorychallenges shall be allowed as follows:
(A) Each defendant charged with a class A felony shall beallowed 12 peremptory challenges.
(B) Each defendant charged with a class B felony shall beallowed eight peremptory challenges.
(C) Each defendant charged with a felony other than class A orclass B felony shall be allowed six peremptory challenges.
(D) Each defendant charged with a misdemeanorshall be allowed threeperemptory challenges.
(E) Additional peremptory challenges shall not be allowed onaccountof separate counts charged in the complaint, information or indictment.
(F) The prosecution shall be allowed the same number ofperemptory challenges as all the defendants.
(2) For crimes committed on or after July 1, 1993, peremptory challengesshall be allowed as follows:
(A) Each defendant charged with an off-grid felony or a nondrug or drugfelony ranked at severity level 1 shall be allowed 12 peremptory challenges.
(B) Each defendant charged with a nondrug felony ranked at severitylevel 2, 3, 4, 5 or 6,or a drug felony ranked at severity level 2 or 3, shall beallowed 8 peremptory challenges.
(C) Each defendant charged with an unclassified felony, a nondrug severitylevel 7, 8, 9 or 10, or a drug severity level 4 felony shall be allowed sixperemptory challenges.
(D) Each defendant charged with a misdemeanor shallbe allowed threeperemptory challenges.
(E) The prosecution shall be allowed the same number of peremptorychallenges as all defendants.
(F) The most serious penalty offense charged against each defendantfurnishes the criterion for determining the allowed number of peremptorychallenges forthat defendant.
(G) Additional peremptory challenges shall not be allowed when separatecounts are charged in the complaint, information or indictment.
(H) Except as otherwise provided in this subsection, the provisions of thissection shall apply. In applying the provisions of this section, the trialcourt may determine the number of peremptory challenges to allow by reviewingthe classification for the crime charged, or nearest comparable felony, as itwas classified under the criminal law in effect prior to July 1, 1993. If theseverity level of the most serious crime charged raises the potential penaltyabove that of another crime which was classified higher under the criminal lawin effect prior to July 1, 1993, the defendant shall be allowed the number ofperemptory challenges as for that higher classified crime under the priorsystem.
(I) The trial court shall resolve any conflicts with a liberal constructionin favor of allowing the greater number of peremptory challenges.
(b) After the parties have interposed all of their challenges tojurors, or have waived further challenges, the jury shall be sworn totry the case.
(c) A trialjudgemay empanel one or more alternate or additional jurors whenever, inthe judge'sdiscretion, the judge believes it advisable to have such jurors available toreplace jurors who, prior to the time the jury retires to consider itsverdict, become or are found to be unable to perform their duties. Suchjurors shall be selected in the same manner, have the samequalifications, and be subject to the same examination and challengesand take the same oath and have the same functions, powers andprivileges as the regular jurors.Such jurors may be selected at the same time as the regular jurors or afterthe jury has been empaneled and sworn, in the judge's discretion.Each party shall be entitled to oneperemptorychallenge to such alternate jurors. Such alternate jurorsshall be seated near the other jurors, with equal power and facilitiesfor seeing and hearing the proceedings in the case, and they must attendat all times upon the trial of the cause in company with the otherjurors. They shall obey the orders of and be bound by the admonition ofthe court upon each adjournment, but if the regular jurors are orderedto be kept in custody during the trial of the cause, such alternatejurors also shall be kept in confinement with the other jurors. Uponfinal submission of the case to the jury, the alternate jurors may bedischargedor they may be retained separately and not discharged until the final decisionof the jury. If the alternate jurors are not discharged on final submissionof the case and if any regular juror shall be dischargedfrom jury service in any such action prior to the jury reaching itsverdict, the court shall draw the name of an alternate juror who shallreplace the juror so discharged and be subject to the same rules andregulations as though such juror had been selected as one of the originaljurors.
History: L. 1970, ch. 129, § 22-3412; L. 1973, ch. 144, § 1;L. 1981, ch. 155, § 1; L. 1983, ch. 114, § 1; L. 1984, ch. 39, § 43;L. 1994, ch. 291, § 62;L. 1996, ch. 214, § 35;L. 1998, ch. 192, § 7;L. 2009, ch. 61, § 2; Apr. 16.