Criminal Trials

ORS 136.210
Jury number

  • examination

(1)

Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 (Challenge for implied bias) to 136.250 (Taking of challenges), in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230 (Peremptory challenges).

(2)

In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]

Notes of Decisions

Failure to show on record criminal defendant’s consent to proceed with less than 12 jurors was error, and appellate court could not remand for determination of whether defendant consented “off the record.” State v. Lutz, 306 Or 499, 760 P2d 249 (1988)

Defendant’s affirmative consent on record is required before trial can proceed with fewer than 12 persons on jury. State v. Fierro, 107 Or App 569, 813 P2d 57 (1991)

Law Review Citations

53 OLR 106 (1973)

Source

Last accessed
Mar. 11, 2023

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