COURTS Juries: Enact the "Criminal Justice Act of 2005"; Provide for a Short Title; Provide that the Denial of a Defendant's Motion to Recuse May Be Subject to Interlocutory Appeal; Provide that the State May Appeal from an Order, Decision, or Judgment of a Superior Court Granting a Motion for New Trial or Denying a Motion by the State to Recuse or Disqualify a Judge; Provide the State and the Accused with the Same Number of Peremptory Challenges in Misdemeanor, Felony, and Death Penalty Cases and in Challenging Alternate Jurors; Provide the Manner in Which Peremptory Challenges Are Made; Change the Size of the Jury Panel in Felony and Death Penalty Cases; Provide for Excuses for Cause Under Certain Circumstances; Provide the Manner in Which the Number of Alternative Jurors is Determined; Provide for Additional Peremptory Challenges in Trials for Jointly Indicted Defendants; Provide that the Prosecuting Attorney Shall Always Conclude the Argument to the Jury; Provide that Provisions Relating to Discovery Apply to Sentencing Proceedings; Change Certain Provisions Relating to Discovery; Change the Provisions Relating to When a Witness Has Been Impeached; Provide for the Impeachment of Witnesses Through Evidence of Conviction of a Crime and Bad Character; Provide for the Admission of Specific Instances of Conduct by a Witness; Provide for Other Matters Relative to the Foregoing; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act provides the defense and the prosecution with an equal number of peremptory strikes in criminal trials. The Act establishes the number of peremptory challenges at three strikes for misdemeanors, nine strikes for felonies, and fifteen strikes for cases seeking the death penalty. The Act gives the prosecuting attorney the right to always conclude the argument to the jury. The Act also provides for discovery in sentencing proceedings, admission of character evidence, and makes orders denying the recusal of a judge directly appealable. This Peach Sheet addresses only the equal peremptory strikes provisions of the Act.

Recommended Citation

Georgia State University Law Review, COURTS Juries: Enact the "Criminal Justice Act of 2005"; Provide for a Short Title; Provide that the Denial of a Defendant's Motion to Recuse May Be Subject to Interlocutory Appeal; Provide that the State May Appeal from an Order, Decision, or Judgment of a Superior Court Granting a Motion for New Trial or Denying a Motion by the State to Recuse or Disqualify a Judge; Provide the State and the Accused with the Same Number of Peremptory Challenges in Misdemeanor, Felony, and Death Penalty Cases and in Challenging Alternate Jurors; Provide the Manner in Which Peremptory Challenges Are Made; Change the Size of the Jury Panel in Felony and Death Penalty Cases; Provide for Excuses for Cause Under Certain Circumstances; Provide the Manner in Which the Number of Alternative Jurors is Determined; Provide for Additional Peremptory Challenges in Trials for Jointly Indicted Defendants; Provide that the Prosecuting Attorney Shall Always Conclude the Argument to the Jury; Provide that Provisions Relating to Discovery Apply to Sentencing Proceedings; Change Certain Provisions Relating to Discovery; Change the Provisions Relating to When a Witness Has Been Impeached; Provide for the Impeachment of Witnesses Through Evidence of Conviction of a Crime and Bad Character; Provide for the Admission of Specific Instances of Conduct by a Witness; Provide for Other Matters Relative to the Foregoing; Provide for Applicability; Repeal Conflicting Laws; and for Other Purposes, 22 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol22/iss1/18