Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 85.10 Waiver of Jury Trial Must be With Consent of Government and
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Approval of Court. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. NOTE: Section 85.10 is identical to former Rule 23(a). See also Fed. R. Crim. P. 23(a). Se…
8 GCA § 85.15 Six (6) Member Juries; When Twelve (12) May be Requested
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Juries shall be of six. However, in a prosecution by indictment or information, the defendant shall be entitled to a jury of twelve upon his written request filed with the court prior to the date of trial. In any case where a jury of twelve is demanded, at any time before verdict…
8 GCA § 85.20 Voir Dire
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The court may permit the defendant or his attorney and the prosecuting attorney to examine the prospective jurors to select a fair and impartial jury or may itself conduct the examination. In the latter event the court shall permit the defendant or his attorney and the prosecutin…
8 GCA § 85.25 Peremptory Challenge Defined
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A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court must exclude such juror. It can be taken by either party and may be oral. NOTE: Section 85.25 is new; it is substantively the same as § 1069 of the California Penal Code.…
8 GCA § 85.30 Peremptory Challenges; Number Available
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In a prosecution by indictment or information if the offense charged is punishable by a life sentence, each side is entitled to twenty peremptory challenges, otherwise the government is entitled to six peremptory challenges and the defendant or defendants jointly to ten peremptor…
8 GCA § 85.35 Challenge for Cause: Reasons; Who May Take
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(a) A challenge for cause is an objection to a prospective juror based on any of the following grounds: (1) The prospective juror does not have the qualifications for jury service required by Title 7 GCA § 22105. (2) The prospective juror is related by blood or marriage within th…
8 GCA § 85.40 Order of Challenge; Full Panel Before Peremptory Challenges;
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When Panel Sworn. (a) The court may direct the order in which challenges are to be taken both as to parties and as to type of challenge. (b) Each party shall be entitled to have the panel full before exercising any peremptory challenge. The number of peremptory challenges remaini…
8 GCA § 85.45 Alternate Jurors
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The court may direct that no more than six (6) jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, …