2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 1 - In General
§ 15-12-131. Examination of Jurors in Panels
In the examination of individual jurors by counsel for the parties in civil and criminal cases, as provided in Code Section 15-12-164, applicable to felonies, and Code Section 15-12-133, applicable to all cases, it shall be the duty of the court, upon the request of either party, to place the jurors in the jury box in panels of 12 at a time, so as to facilitate their examination by counsel.
(Code 1933, § 59-720, enacted by Ga. L. 1956, p. 64, § 1.)
Law reviews.- For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Voir Dire in the #LOL Society: Jury Selection Needs Drastic Updates to Remain Relevant in the Digital Age," see 47 J. Marshall L. Rev. 459 (2014).
JUDICIAL DECISIONS
Purpose of O.C.G.A. § 15-12-131 is to facilitate the determination of the impartiality of jurors, their ability to treat the cause on the merits with objectivity and freedom from bias and prior inclination. Mathis v. State, 176 Ga. App. 362, 336 S.E.2d 299 (1985).
Section does not provide for judicial discretion.
- Court's duty to place jurors in box is triggered upon request by either party that the court do so. Lett v. State, 160 Ga. App. 476, 287 S.E.2d 384 (1981).
Since O.C.G.A. § 15-12-131 does not provide for judicial discretion in the matter, the denial of defendant's request to voir dire prospective jurors in the jury box was in error. Mathis v. State, 176 Ga. App. 362, 336 S.E.2d 299 (1985).
Size of panels.
- Oath is administered by panels of 12 and voir dire questions are propounded to panels of 12; defendant can question them in panels of 12 or individually but not en masse to the entire group of 48 jurors at one time. Lahr v. State, 239 Ga. 813, 238 S.E.2d 878 (1977).
Conducting the examination in panels of 12, each segregated from the others without being seated in the jury box seriatim, is not reversible error. Brown v. State, 218 Ga. App. 469, 462 S.E.2d 420 (1995).
Placing 14 jurors in box at a time was harmless error.
- Although the trial court erred in denying defense counsel's request to place the jurors in the jury box in panels of 12 at a time, as required by O.C.G.A. § 15-12-131, and instead allowed 14 jurors in the box at a time, reversal was not required absent a showing of harm. Wainwright v. State, 305 Ga. 63, 823 S.E.2d 749 (2019).
Refusal to put jury in jury box.
- Any harm caused by the judge's refusal to put the jury in the jury box upon request was cured by calling a recess and placing the jurors in the boxes along the sides of the courtroom. Raven v. State, 256 Ga. 366, 349 S.E.2d 383 (1986).
There was no error from the trial court seating jurors in panels of 12 in the jury box and on benches behind defense counsel's table. Jones v. State, 217 Ga. App. 722, 458 S.E.2d 894 (1995).
Cited in Reid v. State, 129 Ga. App. 657, 200 S.E.2d 454 (1973); Walls v. State, 161 Ga. App. 235, 291 S.E.2d 15 (1982); Ivester v. State, 252 Ga. 333, 313 S.E.2d 674 (1984); Perez v. State, 258 Ga. 343, 369 S.E.2d 256 (1988); Nichols v. State, 198 Ga. App. 323, 401 S.E.2d 338 (1991); Oliver v. State, 207 Ga. App. 681, 428 S.E.2d 681 (1993).
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Jury, § 108.
