Felony trials; number of jurors

22-3411a. Felony trials; number of jurors. In all felony trials, upon the request of either the prosecution or the defendant, the court shall cause enough jurors to be called, examined, and passed for cause before any peremptory challenges are required, so that there will remain sufficient jurors, after the number of peremptory challenges allowed by law for the case on trial shall have been exhausted, to enable the court to cause 12 jurors to be sworn to try the case. History: L. 1981, ch. 155, § 2; July 1. Revisor's Note: 22-3411 was amended in 1980 by the Kansas Supreme Court pursuant to K.S.A. 1980 Supp. 22-4601. In 1981, K.S.A. 1980 Supp. 22-4601 and both the unamended and amended versions of 22-3411 were repealed due to the concerns about the constitutionality of allowing the court to amend statutes. The unamended version was reenacted as 22-3411a. Law Review and Bar Journal References: "Elect or Instruct: Presenting Evidence of Multiple Acts from Threatening Juror Unanimity in Criminal Trials," Scott R. Ediger, 74 J.K.B.A. No. 5, 28 (2005). CASE ANNOTATIONS 1. Absent a conflict between court rules and legislation governing peremptory challenges, statute does not violate the separation of powers. State v. Mitchell, 234 Kan. 185, 194-195, 672 P.2d 1 (1983). 2. District court's use of "hot-box" method of jury selection in felony trial over defendant's objection was not harmless error. State v. Crabb, 51 Kan. App. 2d 159, 167, 343 P.3d 539 (2015). 3. Section does not limit when a party may use a peremptory challenge. State v. Williams, 58 Kan. App. 2d 409, 414, 471 P.3d 17 (2020). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026