Chapter16. JURIES.  


Article 1. General Provisions.
§ 12-16-1. When words "jury" or "juries" include court or judge.
§ 12-16-2. Persons exempted from jury duty.
§ 12-16-3. Citizens of state, counties, cities, etc., not disqualified as interested in actions in which state, county, city, etc., a party or interested.
§ 12-16-4. Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
§ 12-16-5. Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
§ 12-16-6. Duty of court to ascertain qualifications before administering oath to jurors.
§ 12-16-7. Duty of juror to declare personal knowledge as to fact in controversy during trial and proceedings upon such declaration; proceedings upon declaration of fact by juror during retirement of jury.
§ 12-16-8. Employees excused from employment; compensation; postponement of service.
§ 12-16-8.1. Discharge of employee or adverse employee action.
§ 12-16-9. Separation and sequestration of jury in felony cases.
§ 12-16-10. Provision of lodging and meals for jurors, etc., when jury kept together without separation overnight, etc.; presumption as to separation of jurors on basis of sex.
§ 12-16-11. Charge of court to jury generally.
§ 12-16-12. When charge must be written and filed in record.
§ 12-16-13. Charges moved for by parties; appeals; general charges.
§ 12-16-14. Taking of written evidence by jury on retirement.
§ 12-16-15. Polling of jurors and proceedings thereupon.
Article 2. County Jury Commissions.
§ 12-16-30. Establishment.
§ 12-16-31. Composition; qualifications of members; members may not hold other offices or perform other public duties under federal, state, etc., governments for compensation.
§ 12-16-32. Appointment and term of office of members.
§ 12-16-33. President of commission; quorum; members to take oath of office and be commissioned prior to entering upon discharge of duties.
§ 12-16-34. Compensation of members.
§ 12-16-35. Disqualification of member and appointment of successor; filling of vacancies generally.
§ 12-16-36. Appointment of persons to act as members of commission in event of absence from state, sickness, etc., of two members.
§ 12-16-37. Clerks of commissions - Authority for employment; compensation; clerical assistance.
§ 12-16-38. Clerks of commissions - Oath of office.
§ 12-16-39. Clerks of commissions - Duties.
§ 12-16-40. Clerks of commissions - Clerks to devote such time as required by commissions to performance of duties; clerks not to be paid for Sundays; discharge of clerks.
§ 12-16-41. Duty of jury commission as to preparation of jury roll and jury box; entry of juror's name on jury roll, etc.; scanning of registration lists, telephone directories, etc., and visiting of precincts by clerk.
§ 12-16-42. Preparation, maintenance, etc., of jury roll, cards and box generally.
§ 12-16-43. Qualifications of persons to be placed on jury roll and in jury box generally; service on juries by persons over age 65.
§ 12-16-44. Preparation, etc., of separate jury rolls and boxes for courts of territorial subdivisions of counties.
§ 12-16-45. Notification of commission as to necessity to refill jury box; emptying and refilling of box by circuit court judge.
§ 12-16-46. Certification of new jury roll and refilling of jury box by commission.
§ 12-16-47. Certification to commission by court clerks of names of persons empaneled on juries; entry of notation on jury roll by clerk of commission.
§ 12-16-48. Certification to commission by court clerks of names of persons found disqualified or exempt from jury service; entry of notation on jury roll by clerk of commission.
§ 12-16-49. Taxing of cost of summoning, etc., unqualified person on jury roll against clerk or members of commission.
§ 12-16-50. Probate judge to purchase supplies for commission.
§ 12-16-51. Failure of clerk or member of commission to perform duty imposed by article; failure of person to attend or testify before commission.
Article 2A. Qualifications and Selection of Jurors Generally.
§ 12-16-55. Declaration of policy.
§ 12-16-56. Discrimination prohibited.
§ 12-16-57. Master list.
§ 12-16-58. Placement of names of prospective jurors in master jury box.
§ 12-16-59. Drawings from master jury box; preparation and contents of juror qualification forms; completion of qualification forms by prospective jurors; misrepresentation of material facts on qualification forms.
§ 12-16-60. Qualifications of jurors.
§ 12-16-61. Trial court jury box.
§ 12-16-62. No exemptions from jury service.
§ 12-16-63. Excusing prospective jurors from service.
§ 12-16-63.1. Request for postponement of service.
§ 12-16-64. Preservation of records.
Article 3. Drawing, Summoning, Empaneling, etc., of Grand and Petit JuriesGenerally.
§ 12-16-70. Names of prospective jurors provided from master jury list; preparation of list; summons.
§ 12-16-72. When juries for next session of court drawn by presiding judge.
§ 12-16-73. Execution and return of order to summon jurors by sheriff.
§ 12-16-74. Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling of grand and petit jurors.
§ 12-16-75. Duration of service; summons for subsequent service.
§ 12-16-76. Insufficient number of qualified jurors to form juries.
§ 12-16-78. Drawing of names from jury box for juries in probate court; summoning and drawing of jurors; certification to jury commission of names of persons disqualified, exempt and empaneled.
§ 12-16-80. Objections which may be taken to venire of jurors.
§ 12-16-81. Failure of sheriff to summon juror drawn, failure of juror summoned to attend trial, etc., not grounds for quashing venire or continuing case.
§ 12-16-82. Effect of failure of person summoned as juror to obey summons.
§ 12-16-83. Unlawfully placing in or withdrawing names from jury box, destruction, etc., of jury box, etc.
§ 12-16-85. Attempting to influence jury commissioner or other officer selecting, drawing, summoning, etc., jurors or juries.
§ 12-16-86. Performance of act with intent to affect fair drawing of jury by probate judge, jury commissioner, county commissioner, etc.
§ 12-16-87. Summoning of persons for jury by sheriff, etc., with intent to produce result favorable to party in action before court.
§ 12-16-88. Connivance by sheriff at commission by constable, deputy, etc., of offense prohibited by Section 12-16-87.
§ 12-16-89. Negligent failure of sheriff or deputy to summon juror.
§ 12-16-90. Provisions of article as to selection, drawing, summoning, etc., of jurors directory; powers, etc., of jurors selected, drawn, summoned, etc., under article.
Article 4. Drawing, Summoning, Empaneling, etc., of Juries in Criminal=nlCases Generally.
Division 1. General Provisions.
§ 12-16-100. Drawing, selection, and empaneling of juries in criminal cases - Generally.
§ 12-16-101. Drawing, selection, and empaneling of juries in criminal cases - Where two or more persons tried jointly.
Division 2. Capital Cases.
Article 5. Selection of Juries in Civil Actions.
§ 12-16-140. Procedure generally.
Article 5A. Alternate Plan and Procedure for Qualification, Selection, Drawing,Summoning and Empaneling of Juries.
§ 12-16-145. Alternate juror selection and qualification plan; master list; random selection; disqualification.
§ 12-16-146. Use of mechanical or electronic data processing equipment for selecting, qualifying, etc., juries.
Article 6. Challenges of Jurors.
§ 12-16-150. Challenges of jurors for cause - Grounds generally.
§ 12-16-151. Challenges of jurors for cause - Manner of proof.
§ 12-16-152. Challenges of jurors for cause - Additional grounds for challenge by state in certain cases.
Article 7. Oaths of Jurors.
§ 12-16-170. Petit jurors.
§ 12-16-171. Grand jury foreman.
§ 12-16-172. Grand jurors.
§ 12-16-173. Reversal of criminal cases appealed to Court of Criminal Appeals on ground of defect in administration of oath to grand or petit juries.
Article 8. Empaneling, Proceedings, etc., of Grand Juries.
Division 1. General Provisions.
§ 12-16-190. Empaneling of grand juries generally; recessing and reassembling of grand juries.
§ 12-16-191. Duty of grand juries as to condition of county jail, etc.
§ 12-16-192. Examination of county treasury and bonds of county officers, inquiry into indictable offenses committed or triable within county, etc.
§ 12-16-193. Sheriff to deliver book of accounts with state for feeding of prisoners to grand jury for examination as to correctness of accounts.
§ 12-16-194. Examination of fee book of probate judge by district attorney and grand jury.
§ 12-16-195. Examination of books and papers of county superintendent of education by district attorney and grand jury.
§ 12-16-196. District attorney and grand jury entitled to free access to county jail and office of county treasurer and to examination of records and papers in county offices.
§ 12-16-197. Issuance of subpoenas for witnesses for grand jury generally; proceedings upon failure of witnesses summoned to attend.
§ 12-16-198. Issuance of subpoenas for witnesses by district attorneys.
§ 12-16-199. Administration of oath to witnesses; preparation by foreman and disposition of book and list of witnesses summoned before and attending grand jury; issuance of certificates to witnesses by foreman.
§ 12-16-200. Evidence which may be received by grand jury; examination, etc., of witnesses.
§ 12-16-201. When grand jurors may be required to disclose testimony of witnesses.
§ 12-16-202. Charging of grand jury.
§ 12-16-203. Finding of indictments for misdemeanors generally.
§ 12-16-204. Concurrence of 12 jurors required for finding of indictment; endorsement and signature of indictment generally.
§ 12-16-205. Endorsement of prosecutor's name on indictment; endorsement on indictment where no prosecutor appears.
§ 12-16-206. Duty of grand juror to disclose to fellow jurors public offense of which he has knowledge, etc.
§ 12-16-207. Grand juror not to participate, etc., in deliberations as to offenses committed against his person or property, etc.; supplying of deficiency in number of grand jurors resulting therefrom.
§ 12-16-208. Replacement of foreman.
§ 12-16-209. Attendance and duties of district attorney before grand jury generally; district attorney not to be present at expression of opinions or giving of votes by grand jury.
§ 12-16-210. Disclosure of indictment by district attorney, grand juror, etc., prior to arrest, etc., of person indicted.
§ 12-16-211. Disclosure of testimony before grand jury by witness prior to arrest, etc., of person indicted.
§ 12-16-212. Examination of witnesses before grand jury in gaming and lottery cases.
§ 12-16-213. Refusal of witness to testify before grand jury as to gaming or lottery.
Division 2. Secret Grand Jury Proceedings.
§ 12-16-214. Legislative findings; desirability of secrecy.
§ 12-16-215. Grand juror, witness, etc., prohibited from revealing, disclosing, etc., a juror's questions, considerations, etc.; no person to directly, indirectly, etc., by any means obtain information as to juror's questions, considerations, etc.
§ 12-16-216. Grand juror, witness, etc., prohibited from revealing, disclosing, etc., form, nature, etc., of physical evidence or questions asked; no person to directly, indirectly, etc., by any means, obtain information as to physical evidence or questions asked; exception as to state prosecutions.
§ 12-16-217. No person to prevent testimony or to induce to withhold or give false testimony.
§ 12-16-218. Damage to participant's property or person prohibited.
§ 12-16-219. Oath of secrecy; effect of refusal.
§ 12-16-220. Evidence, other than juror's questions, considerations, etc., disclosed to district attorney's staff.
§ 12-16-221. Disclosures in aid of law enforcement investigations and in public interest.
§ 12-16-222. Right to counsel unaffected; counsel prohibited within jury.
§ 12-16-223. Critical reports prohibited without indictment, etc.; judge to expunge record; exception.
§ 12-16-224. Written reports; form.
§ 12-16-225. Penalties.
§ 12-16-226. Conflicting laws repealed; penalties cumulative; consistent laws applicable; judges' powers.
Article 9. Discharge of Jurors and Jury.
§ 12-16-230. Discharge of juror, summoning of replacement, etc., prior to retirement of jury.
§ 12-16-231. Discharge of juror after retirement of jury.
§ 12-16-232. Consent by parties to discharge of member of jury and to rendition of verdict by remaining jurors.
§ 12-16-233. Discharge of jury and entry of mistrial.