Criminal Procedure Law Article 270

Front 1

A trial jury consist of how many jurors?

Back 1

12 jurors, but alternate jurors may be selected and sworn.

Front 2

What governs the panel where jurors are drawn and selected?

Back 2

Judiciary law

Front 3

Who can make a challenge to the jury panel and on what grounds?

Back 3

Only by the defendant on the grounds that there has been a departure from Judiciary law prejudicing the defendant.

Front 4

If a questionnaire is used for examination of jurors an official form for this purpose shall be developed by who?

Back 4

Chief administrator of the Courts (CAC)

Front 5

The court shall permit both parties beginning with who to examine to Juris regarding the qualifications to serve?

Back 5

Beginning with the people

Front 6

The juror whose name is first drawn and called must be designated as who?

Back 6

The foreperson, no special oath is given

Front 7

How many logical grounds for a juror challenge exist? What are they?

Back 7

6 logical grounds for a juror challenge

1 the jury does not meet qualifications required under Judiciary law

2 the juror can't be impartial

3 the drawer is related within the 6th degree of consanguinity or Affinity to a party of the action. (Consanguinity, sangria,sangre = blood) including defendant victim Witnesses attorneys Etc, not Court employees.

4 was or will be a witness in this case either at preliminary examination, grand jury or trial

5 served on the grand jury involving this case or served on a civil or criminal trial related to this case

6 the juror maintain strong opinions for or against the death penalty and the crime charges death which will result in impartiality on behalf of the juror.

Front 8

What is a peremptory challenge?

Back 8

An objection to a prospective juror for which no reason need be assigned, the court must then exclude the person challenged.

Front 9

Each party must be allowed how many peremptory challenges for a class A felony?

How many for class B or C felony?

How many for all other cases, even misdemeanors?

Back 9

Class A felony- 20 for regular jurors and two for each alternate

Class B or C felony- 15 for regular jurors and 2 for each alternate

All other cases, even misdemeanors- 10 for regular jurors and two for each alternate

This is a total for all defendants, they are to be treated as one party and a challenge will be allowed based on a majority ruling. (If more than one defendant in the same case)

Front 10

Immediately after the last year is sworn, the court in its discretion may direct the selection of how many alternate jurors?

Back 10

One or more but not more than 6 alternate jurors

1 - 6

Front 11

Once deliberation by the jury Begins the court must do what with the alternate jurors?

Back 11

1 Discharge alternates with the consent of the defendant and the people (most often)

2 or hold on to them with the direction that they are not to discuss the case and to be kept separate and apart from regular jurors .

**Where a sentence of death is being sought the alternates are not to be discharged and are to be continuously kept together under the supervision of an appropriate public servant until a verdict is rendered.

Front 12

When must the court discharge a juror?

Back 12

When it is found a juror is unable to continue serving for illness or other incapacities, engages in misconduct or is otherwise unqualified but not warranting a mistrial.

Front 13

If deliberations have begun than replacement of a juror must be made with the consent of who, and how?

Back 13

With the consent of the defendant in writing signed by the defendant in open court.

Front 14

If a juror is discharged the court must replace such discharged juror with which alternate?

Back 14

With the alternate whose name was first drawn and called

Front 15

If the juror being replaced is the foreperson, which alternate becomes the new foreperson?

Back 15

The juror whose name was second drawn and called becomes the new foreperson.

Front 16

If no alternates are available to replace a discharge juror how must the court proceed?

Back 16

The court must declare a mistrial.

Front 17

How long is a juror given to appear late for trial before the court can move to discharge such juror?

Back 17

2 hours

Front 18

When must the court give preliminary instructions to the jury?

What do these preliminary instructions include what do these preliminary instructions include?

Back 18

Before the people's opening address.

They include not talking about the case, don't visit the scene, promptly report any attempts by anyone to influence to jury, Etc

Front 19

When is separation of a jury permitted?

Back 19

During recesses and adjournment, or they may be continuously kept together in the care of an appropriate public (court officer)

Front 20

When can a field trip for jury viewing of premises be done in the courts discretion?

Back 20

At any time prior to the commencement of summations.

Front 21

Who must be present with the jury during field trips for viewing of premises?

Back 21

The jurors must be kept together by public servant (court officer) and the court itself must be present and the court itself must be present (judge).

The district attorney, defendant and defense counsel may as a matter of right be present but such right may be waived.