Trial by jury; waiver; selection and preparation of petit jurors

Rule18.4. Procedure for selecting a jury. (a) COMPILATION OF STRIKE LIST; CALLING OF THE CASE. Upon the trial by jury of any person charged with a crime, the court shall require a strike list or lists to be compiled from the names appearing on the master strike list as established in Ala.Code 1975, § 12-16-74, or alternatively, as provided in Ala.Code 1975, §§ 12-16-145 and -146. In compiling the strike list or lists, names of qualified jurors may be omitted on a nondiscriminatory basis. A strike list shall be compiled for the trial of any case at hand, and a copy of that strike list given to each party. The prospective jurors whose names appear on the strike list shall be brought into open court, and the case shall be called. (b) OATH OF PROSPECTIVE JURORS AND INQUIRY BY THE COURT. Upon calling the case, the court shall administer the following oath: “Do you and each of you solemnly swear (or affirm) that you will well and truly answer all questions propounded to you touching on your qualifications as a juror, and that you will well and truly try all issues submitted to you and true verdicts render according to the law and evidence, so help you God?” Following the administration of the oath, the court shall initiate the examination of prospective jurors, i.e., those whose names appear on the “strike list” compiled pursuant to section (a), by identifying the parties and their counsel, briefly outlining the nature of the case, and explaining the purposes of the examination. The court shall ask any questions it thinks necessary touching the prospective jurors' qualifications to serve in the case on trial (c) VOIR DIRE EXAMINATION. The court shall permit the parties or their attorneys to conduct a reasonable examination of prospective jurors. The court also may conduct an examination of prospective jurors, and the court, in its discretion, may direct that the examination of one or more prospective jurors be separate and apart from the other prospective jurors. (d) SCOPE OF EXAMINATION. Voir dire examination of prospective jurors shall be limited to inquiries directed to basis for challenge for cause or for obtaining information enabling the parties to knowledgeably exercise their strikes. (e) CHALLENGE FOR CAUSE. When a prospective juror is subject to challenge for cause or it reasonably appears that the prospective juror cannot or will not render a fair and impartial verdict, the court, on its own initiative or on motion of any party, shall excuse that juror from service in the case. Challenges for cause shall be made before the parties begin striking the jury and may, in the discretion of the court, be made out of hearing of the prospective jurors but shall be on the record. (f) STRIKING THE JURY. (1) In general. After voir dire examination of the prospective jurors has been completed and challenges for cause have been exercised, the court shall cause to be compiled a list of names of prospective jurors who are competent to try the defendant, from which list the jury shall be obtained. If, in compiling the list, names of qualified prospective jurors are omitted, such omissions shall be made on a nondiscriminatory basis. Unless the parties consent to the use of a lesser number, the number of names appearing upon the list shall be not less than: (i) Thirty-six (36), if the offense charged is punishable by death; (ii) Twenty-four (24), if the offense charged is a felony not punishable by death; or (iii) Eighteen (18), if the offense charged is a misdemeanor. The district attorney shall strike first, and shall strike from the list the name of one (1) juror; the defendant shall next strike the name of one (1) juror. They shall continue to strike off names alternately until only twelve (12) jurors remain on the list, and the twelve (12) thus selected shall be the jury charged with the trial of the defendant. If an alternative juror or jurors are deemed necessary or required pursuant to Rule 18.4(a), the minimum number of names required by this subsection to appear upon the list shall be increased accordingly. In the event the list of competent prospective jurors is reduced to fewer than the number required by this subsection, the court shall add prospective jurors in the manner prescribed in section (h). (2) Two or more defendants. If two (2) or more persons are being tried jointly, to the minimum number of names otherwise required for striking there shall be added twelve (12) additional names for each additional defendant; provided, there shall then also be added so many additional names as may be necessary to allow all defendants an equal number of strikes. The district attorney shall strike first, and shall strike one (1) name from the list; then one (1) defendant shall strike one (1) name from the list; then the district attorney shall strike one (1) more name from the list; and then the next defendant shall strike one (1) name from the list. The defendants shall each have a turn in the same order as the filing of the charges against them; or if they were charged in the same instrument, then in the order in which their respective charges appear therein, unless they agree upon a different order. The parties shall continue to strike off names alternately, first the state, then one defendant, in this fashion until only twelve (12) names remain on the list, and the twelve (12) persons thus selected shall be the jury charged with the trial of the defendants. (3) Upon refusal of the defendant to strike. If any defendant should fail or refuse to exercise a strike to which he is entitled, then the judge presiding shall exercise that defendant’s strike for him or her. (g) ALTERNATE JURORS. (1) Number and qualifications. . The court may in its discretion qualify such alternate jurors as it deems necessary, except that in capital cases the court shall qualify at least two (2) alternate jurors, as required by law. Alternate jurors shall be drawn from the venire in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors, except that they shall not deliberate with the jury or vote upon the verdict unless designated to replace a principal juror. (2) Retaining alternate jurors. The court may retain alternate jurors after the jury retires to deliberate. The court must ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. (3) Strike list. If the court determines that more than two (2) alternate jurors should be selected in a capital case, or that one (1) or more alternate jurors should be selected in a noncapital case, then, unless the parties consent to the use of a lesser number, the minimum number of names required by subsection (f)(1) shall be increased by two (2) for each alternate juror to be selected; provided, however, that this increase in the number of names shall not apply for the first two (2) alternate jurors to be selected in a capital case. (4) Procedure for selecting. When alternate jurors are being used, the parties shall strike from the list, according to the procedure provided in subsection (f)(1), until there remain twelve (12) names on the list. The last person or persons struck shall be the alternate or alternates, and if it becomes necessary for an alternate to replace a principal juror, then the last person struck shall be designated. The identity of alternate jurors shall not be divulged to the jurors until the jury retires for deliberation. (h) INSUFFICIENT NUMBER OF JURORS. (1) In empaneling juries. Whenever there are not enough qualified jurors in attendance to form the juries required, the judge presiding shall draw from the trial court jury box or from a list compiled pursuant to the provisions of Ala.Code 1975, §§ 12-16-145 and 12-16-146, the names of as many prospective jurors as he may deem necessary to complete the empaneling of all juries then required. The court shall cause to be summoned forthwith all prospective jurors thus selected, to attend court when required, and they may be summoned by personal service or by telephone. The court shall then proceed to empanel or complete the empaneling of the juries. (2) In striking juries. If, prior to the commencement of striking, because of challenges for cause or for any other reason, the number of names on the list from which the parties are to strike is reduced to fewer names than the minimum established in section (f), then unless the parties consent to the use of the lesser number, the court shall fill the deficiency first from the remaining available petit jurors sworn for the week. If the number of available petit jurors sworn for the week is insufficient to fill the deficiency, the remaining deficiency shall, in the discretion of the court, be filled either by waiting until other petit jurors sworn for the week become available, or by randomly drawing or causing to be drawn from the trial court jury box at least twice the number of names needed to fill the deficiency. The court shall cause to be summoned forthwith all prospective jurors thus drawn, either by telephone or by personal service. The names of those persons found competent to hear the case shall be added to the list from which the parties are to strike, in at least the number necessary to fill the deficiency. [Amended 1-13-2005, eff. 6-1-2005; Amended eff. 11-28-2012.] Committee Comments Amended, Effective December 1, 1997