Difference between revisions of "Federal Rules of Criminal Procedure - Rule 23. Jury or Nonjury Trial"
(Created page with "(a) Jury Trial. If the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) t...") |
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A jury consists of 12 persons unless this rule provides otherwise. | A jury consists of 12 persons unless this rule provides otherwise. | ||
| − | (2) Stipulation for a Smaller Jury. | + | (2) Stipulation for a Smaller Jury. |
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At any time before the verdict, the parties may, with the court's approval, stipulate in writing that: | At any time before the verdict, the parties may, with the court's approval, stipulate in writing that: | ||
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| − | (3) Court Order for a Jury of 11. | + | (3) Court Order for a Jury of 11. |
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After the jury has retired to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror. | After the jury has retired to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror. | ||
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See [[Federal Rules of Criminal Procedure]] | See [[Federal Rules of Criminal Procedure]] | ||
Latest revision as of 15:47, 11 March 2011
(a) Jury Trial.
If the defendant is entitled to a jury trial, the trial must be by jury unless:
(1) the defendant waives a jury trial in writing;
(2) the government consents; and
(3) the court approves.
(b) Jury Size.
(1) In General.
A jury consists of 12 persons unless this rule provides otherwise.
(2) Stipulation for a Smaller Jury.
At any time before the verdict, the parties may, with the court's approval, stipulate in writing that:
(A) the jury may consist of fewer than 12 persons; or
(B) a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins.
(3) Court Order for a Jury of 11.
After the jury has retired to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror.
(c) Nonjury Trial.
In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion.
