ALLOCATIONS OF PEREMPTORIES (ASSYMETRICAL ARRANGEMENTS IN PURPLE) Federal FED. R. CRIM. P. 24(b) In non-capital felonies, the government is allotted six, compared to the defense's ten peremptory ; in capital felonies and misdemeanors, both sides get same number. District of Columbia Alabama DC ST 23-105 A. R. Cr. P. 18.4; Ala. Code 1975 12-16-100. Prosecution and defense strike names alternately until down to 12** Alaska R. Cr. P. 24. Arizona 16A A.R.S. Rules Crim.Proc., Rule 18.4. Arkansas A.C.A. 16-32-203 (misdemeanors); A.C.A. 16-33-305 (all) California West's Ann.Cal.C.C.P. 231 Colorado C.R.S.A. 16-10-104; Crim. P. Rule 24(d)(3) Defense gets more than prosecution in capital murder prosecutions and other felonies; same number as prosecution in misdemeanors. For good cause shown, the court at any time may add peremptory to either or both sides. Connecticut C.G.S.A. 54-82g Delaware Super.Ct.Crim.R., Rule 24; Court of Common Pleas Rules of Criminal Procedure, Rule 24 State gets more than defense in capital cases; they get the same number in noncapital case Florida West's F.S.A. 913.08; Fla. R. Crim. P. Rule 3.350(e). The trial judge may exercise discretion to allow additional peremptory when appropriate.
Georgia Ga. Code Ann., 15-12- 165 (felonies) Hawaii HRS 635-30 Idaho I.C. 19-2016 Illinois 725 ILCS 5/115-4 Indiana West's A.I.C. 35-37-1-4 (1998) Iowa I.C.A. Rule 2.18(9) Formerly cited as IA ST 813.2 R 17 Each side gets the same number, depending Each side gets the same number, depending (Class A felony: 10, felony but not Class A: 6; misdemeanor: 4) Kansas K.S.A. 22-3412 Each side gets the same number, depending Kentucky Kentucky Rules of Criminal Procedure (RCr) Rule 9.40 Each side gets the same number, depending (felony:8, Misdemeanor: 3) Louisiana LSA-C.Cr.P. Art. 799 Each side gets the same, depending on gravity of offense (punishable by death: 12; all other cases: 6) Maine Maine Rules of Criminal Procedure, Rule 24 (3) Each side gets the same, depending on gravity of offense (punishable by life imprisonment: 10; class b and C and not life imprisonment: 8; all others: 4) Maryland MD Rules, Rule 4-313 The defense gets more than state: 10 for State, 20 for Defense for crimes punishable by life imprisonment; 5 for State, 10 for the Defense for crimes punishable by at least twenty years imprisonment; 4 for the State, 4 for the Defense for all other crimes Massachusetts (Mass.R.Crim.P.), Rule 20 Each side gets the same, depending on gravity of offense (number of strike
Michigan Minnesota M.C.L.A. 768.13; MI Rules MCR 6.412(E)(2) 49 M.S.A., Rules Crim.Proc., Rule 26.02 determination based on the number involved in the jury) Each side gets the same, depending on gravity of offense (death or life imprisonment: 12); On a showing of good cause, the court may grant one or more of the parties an increased number of peremptory. The additional granted by the court need not be equal for each party. Defense has more than State: nine State, fifteen Defense for crimes publishable by life imprisonment; three State, five Defense for all other crimes Mississippi Miss. Code Ann. 99-17-3 Each side gets the same, depending on gravity of offense (capital cases:12, all others: 6) Missouri V.A.M.S. 494.480 Each side gets the same, depending on gravity of offense (punishable by death: 9, imprisonment: 6, all others: 2) Montana MCA 46-16-116 Each side gets the same depending on gravity of offense (capital offense: 8, all other: 6) Nebraska Neb.Rev.St. 29-2005 Each side gets the same depending on gravity of offense (punishable by death/life imprisonment: 12; 18+ months in prison, but less than life: 6; all others: 3) Nevada N.R.S. 175.051 Each side gets the same depending on gravity of offense (death/life imprisonment: 8; all others: 4) New Hampshire N.H. Rev. Stat. 606:3 (defense) N.H. Rev. Stat. 606:4 (state) Defense gets more for capital murder (20 v. 10); same for all other offenses (15 each 1st degree murder; 3 each all other crimes) New Jersey N.J.S.A. 2B:23-13 Defense gets more in certain listed felonies, but the number will vary depending on if defendant is tried alone or jointly. Same number for any other crime than those listed.
New Mexico NMRA, Rule 5-606 Defense always gets more than the prosecution (Death: D-24, S-16; Life Imprisonment: D-12, S-8; All others: D-5, S- 3) New York McKinney's CPL 270.25 Each side gets same depending on gravity of offense (Class A felonies: 20; Class B or C felonies: 15; All others: 10) North Carolina N.C.G.S.A. 15A-1217 Each side gets same depending on gravity of offense (Capital cases: 14; Non-Capital cases: 6) North Dakota Rule 24, N.D.R.Crim.P. Each side gets same depending upon jury size and type of crime (6-person jury: 4; 12- person jury: 6; If Class AA felony: 10) Ohio R.C. 2945.21 Each side gets same depending on gravity of offense (misdemeanor: 3; non-capital felony: 4; capital felony: 10) Oklahoma 22 Okl.St.Ann. 655 Each side gets same depending on gravity of offense (1st degree murder: 9; felonies: 5; non-felonies: 3) Oregon O.R.S. 136.230 Each side gets same depending on gravity of offense and jury size (capital offense or punishable by life imprisonment: 12; any trial before more than 6 jurors: 6; 6 jurors: 3 Pennsylvania Pa.R.Crim.P. Rule 634 Each side gets same depending on gravity of offense and jury size (capital felony: 20; non-capital felony: 7; misdemeanors: 5) Rhode Island RI Super. R. Crim. P., Rule 24 Trial Jurors (b) sentence >1 year: each side 6 Sentence <1 year: each side 3 South Carolina SC Code 1976 14-7- 1110 Peremptory in criminal cases. Special felony list (murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery ): defense not to exceed 10, state not to exceed 5. All other felonies: 5 each
South Dakota SDCL 23A-20-20 (Rule 24(b)) Number of peremptory allowed Special felony classification: each side has 20. All other felonies: each side has 10. Misdemeanor: each side has 3. Tennessee T.C.A. 40-18-118. Texas Texas C.C.P. Art. 35.15. formation of the Jury (Number of Challenges) Death Penalty: each side has 15 Sentence >1 year: each side has 8 sentence <1 year: each side has 3 Death Penalty: each side has 15 Non-capital Felony: each side has 10 Misdemeanor: each side has 5. Utah Vermont Utah Rules of Criminal Procedure Rule 18. Selection of the Jury. subsection (d). Vermont Rules of Criminal Procedure, Rule 24. Trial Jurors. Subsection C: Capital Cases: each side has 10 Felony cases: each side had 4 Misdemeanor: each side has 3 Each party shall be entitled to 6 peremptory Virgina VA Code 19.2-262. Waiver of Jury trial; number of jurors in criminal cases; how jurors selected from panel. Subsection C. The parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury. Washington West Virginia WA CrR 6.4(e) W. Va. R.Crim.P., Rule 24(b). Trial Jurors () Capital Cases: each side has 12. Punishable by imprisonment: each side has 6 all other prosecutions: each side has 3 Felony: State 2 Defense 6. State has to use its 2 first. Misdemeanor: 4 each Wisconsin W.S.A. 972.03. Life imprisonment: each side has 6.
All other felonies: each side has 4. Misdemeanor: each side has 3. Wyoming W.S. 1977 7-11-103. Capital Cases: Each side has 12. Other felonies: Each side has 8. Misdemeanor: each side has 4. SOME MORE DETAIL ON THE ASSYMETRICAL ONES: Federal FED. R. CRIM. P. 24(b) Arkansas A.C.A. 16-32-203 (misdemeanors); A.C.A. 16-33-305 (all) In non-capital felonies, the government is allotted six, compared to the defense's ten peremptory ; in capital felonies and misdemeanors, both sides get same number. Defense gets more than prosecution in capital murder prosecutions and other felonies; same number as prosecution in misdemeanors In 1977 the Supreme Court proposed amending rule 24(b) to provide for even number of peremptory. This proposal was rejected by the legislature. The Library of Congress online database only goes back to 1983, so I am unable to find why congress rejected the change. Section amended in 1981, but online legislative history only goes back to 1987. Delaware Super.Ct.Crim.R., Rule 24; Court of Common Pleas Rules of Criminal Procedure, Rule 24 State gets more than defense in capital cases; they get the same number in noncapital case Maryland MD Rules, Rule 4-313 The defense gets more than state: 10 for State, 20 for This is a court rule. The Supreme Court rules committee records only
Defense for crimes punishable by life imprisonment; 5 for State, 10 for the Defense for crimes punishable by at least twenty years imprisonment; 4 for the State, 4 for the Defense for all other crimes go back to 1997. This rule was adopted in 1986. While the rule has been amended since 1986, there has not been a change to the peremptory challenge section. Minnesota 49 M.S.A., Rules Crim.Proc., Rule 26.02(6) Defense has more than State: nine State, fifteen Defense for crimes publishable by life imprisonment; three State, five Defense for all other crimes This is a court rule. Minnesota does not publish the history of its rules committee. The rules do have comments at the end, but no comments on the relevant section New Hampshire N.H. Rev. Stat. 606:3 (defense) N.H. Rev. Stat. 606:4 (state) Defense gets more for capital murder (20 v. 10); same for all other offenses (15 each 1st degree murder; 3 each all other crimes) Statute last amended in 1993. Online history of amended sections only goes back to 2000. Would have to go to NH library for older records. New Jersey N.J.S.A. 2B:23-13 Defense gets more in certain listed felonies, but the number will vary depending on if defendant is tried alone or jointly. Same number for any other crime than those listed. This statute was adopted in 1995 from a recommendation of a judicial rules committee. There are no comments in the legislation, except that the recommendations were accepted without change. New Mexico NMRA, Rule 5-606 Defense always gets more than the prosecution (Death: D-24, S-16; Life Imprisonment: D- 12, S-8; All others: This is a court rule. The only information on the relevant section of this rule is that it is derived from state statute 38-5- 14, but this statute only
D-5, S-3) provides for the existence of peremptory and not a break down. South Carolina SC Code 1976 14-7-1110 Peremptory in criminal cases. Special felony list: defense not to exceed 10, state not to exceed 5. All other felonies: 5 each Legislative history only goes back to 1975. Last amended in 1986, but not on peremptory. Current legislation is pending that will even out the between state and defense. West Virginia W. Va. R.Crim.P., Rule 24(b). Trial Jurors (Peremptory Challenges) also 62-3-3. Selection of jury in felony cases; striking jurors; alternate jurors Felony: State 2 Defense 6. State has to use its 2 first. Misdemeanor: 4 each Legislative history only goes back to 1993. Statute last amended in 1949. Current legislation is pending. W.VA. House has proposed amending to give the State 3 and Defense 5. W.VA. Senate proposed amending to give both sides 4.