SB197 Alabama 2017 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2017

Title

Juries, Legislature authorized to establish size of jury panels

Description

Under existing law, in all criminal and civil cases in which a person is entitled to a trial by jury, the jury is comprised of 12 persons.

Under existing law, the Constitution of Alabama of 1901, provides that the right to trial by jury shall remain inviolate. The Alabama Supreme Court has interpreted this provision of the constitution to prohibit a general law authorizing a six person jury in a civil case.

This bill would set the size of a jury at six persons in all criminal cases involving only misdemeanor charges. This bill would also set the size of a jury at six persons in certain civil cases in which an appeal would be to the Court of Civil Appeals. This bill would provide for an effective date contingent upon ratification of a constitutional amendment authorizing the Legislature to set by general law the size of juries at six for criminal cases that involve only misdemeanor charges and civil cases in which an appeal would be to the Court of Civil Appeals.

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Subjects

Juries and Jurors