A defendant going to trial for the felony of aggravated battery filed a motion to have the court seat a jury with only five members. He stated that five was his lucky number and that he would be willing to sign any release to ensure a jury of five. Should the judge grant the defendant's motion to impanel a jury of five members?

Question

Tiana Dickson

Law

21 October, 10:42

A defendant going to trial for the felony of aggravated battery filed a motion to have the court seat a jury with only five members. He stated that five was his lucky number and that he would be willing to sign any release to ensure a jury of five. Should the judge grant the defendant's motion to impanel a jury of five members?

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Answers (1)

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Shyla Mayo · Answer 1

No.

Explanation:

Felony of aggravated battery is a criminal offence. Aggravated battery is a second degree felony. Aggravated battery is someone causing physical harm or injury to another person. The defendant, according to law has the right to call for a jury trial and the right to ask for jurors of his or her (defendant) peers.

For ages, the numbers of Jurors in criminal cases and civil cases trial are normally twelve and six Respectively.

For a criminal case jury trial if a member of the twelve jurors are not available, the judge might allow eleven jurors. And if the same thing happens in a civil case, the Judge can allow five jurors.