2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 2 - Juries in Felony Cases
§ 15-12-163. Challenges for Cause; Hearing of Evidence; When Objection May Be Made

1. When each juror is called, he shall be presented to the accused in such a manner that he can be distinctly seen.
2. The state or the accused may make any of the following objections to the juror:
   1. That the juror is not a citizen, resident in the county;
   2. That the juror is under 18 years of age;
   3. That the juror is incompetent to serve because of mental illness or intellectual disability, or that the juror is intoxicated;
   4. That the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify the juror by law from serving on the jury;
   5. That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror's civil rights have not been restored; or
   6. That the juror is unable to communicate in the English language.
3. It shall be the duty of the court to hear immediately such evidence as is submitted in relation to the truth of these objections; the juror shall be a competent witness for this purpose. If the judge is satisfied of the truth of any objection, the juror shall be set aside for cause.

(Ga. L. 1855-56, p. 229, § 7; Code 1863, § 4568; Code 1868, § 4588; Code 1873, § 4681; Code 1882, § 4681; Penal Code 1895, § 973; Penal Code 1910, § 999; Code 1933, § 59-804; Ga. L. 1995, p. 1292, § 11; Ga. L. 2015, p. 385, § 4-15/HB 252.)

The 2015 amendment, effective July 1, 2015, substituted "intellectual disability" for "mental retardation" in the middle of paragraph (b)(3).

- For article, "Practitioner's Note Jury Selection: Whose Job Is It, Anyway?," see 23 Ga. St. U.L. Rev. 617 (2007). For annual survey of law on criminal law, see 62 Mercer L. Rev. 87 (2010).

ANALYSIS

• General Consideration
• Grounds for Challenge

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, §§ 199 et seq., 276 et seq.

- 50A C.J.S., Juries, § 352 et seq.

- Contributing to fund for prosecution as disqualifying juror, 1 A.L.R. 519.

Membership in secret order or organization for the suppression of crime as proper subject of examination, or ground of challenge, of juror, 31 A.L.R. 411; 158 A.L.R. 1361.

Relationship to one financially affected by the offense charged as disqualifying juror, 63 A.L.R. 183.

Statutory grounds for challenge of jurors for cause as exclusive of common-law grounds, 64 A.L.R. 645.

Excusing qualified juror drawn in criminal case as ground of complaint by defendant, 96 A.L.R. 508.

Prospective juror's connection with insurance company as ground of challenge for cause in action for personal injuries or damage to property, 103 A.L.R. 511.

Prejudice against certain type of defense as ground of challenge for cause of juror in criminal case, 112 A.L.R. 531.

Disqualifying relationship unknown to juror as ground of new trial in criminal case, 116 A.L.R. 679.

Disqualifying relationship by affinity in case of judge or juror as affected by dissolution of marriage, 117 A.L.R. 800.

Intelligence, character, religious, or loyalty tests of qualifications of juror, 126 A.L.R. 506.

Proof as to exclusion of or discrimination against eligible class or race in respect to jury in criminal case, 1 A.L.R.2d 1291.

Failure of juror in criminal case to disclose his previous jury service within disqualifying period as ground for reversal or new trial, 13 A.L.R.2d 1482.

Use of intoxicating liquor by jurors: criminal cases, 7 A.L.R.3d 1040.

Claustrophobia or other neurosis of juror as subject of inquiry on voir dire or disqualification of juror, 20 A.L.R.3d 1420.

Jury: membership in racially biased or prejudiced organization as proper subject of voir dire inquiry or ground for challenge, 63 A.L.R.3d 1052.

Juror's voir dire denial or nondisclosure of acquaintance or relationship with attorney in case, or with partner or associate of such attorney, as ground for new trial or mistrial, 64 A.L.R.3d 126.

Similarity of occupation between proposed juror and alleged victim of crime as affecting juror's competency, 71 A.L.R.3d 974.

Deafness of juror as ground for impeaching verdict, or securing new trial, or reversal on appeal, 38 A.L.R.4th 1170.

Jury: visual impairment as disqualification, 48 A.L.R.4th 1154.

Unauthorized view of premises by juror or jury in criminal case as ground for reversal, new trial, or mistrial, 50 A.L.R.4th 995.

Professional or business relations between proposed juror and attorney as ground for challenge for cause, 52 A.L.R.4th 964.

Fact that juror in criminal case, or juror's relative or friend, has previously been victim of criminal incident as ground of disqualification, 65 A.L.R.4th 743.

Prospective juror's connection with insurance company as ground for challenge for cause, 9 A.L.R.5th 102.

Use of peremptory challenges to exclude persons from criminal jury based on religious affiliation - Post-Batson state cases, 63 A.L.R.5th 375.

Disqualification or exemption of juror for conviction of, or prosecution for, criminal offense, 75 A.L.R.5th 295.

Examination and challenge of state case jurors on basis of attitudes toward homosexuality, 80 A.L.R.5th 469.

Prejudicial effect of juror's inability to comprehend English, 117 A.L.R.5th 1.

Examination and challenge of federal case jurors on basis of attitudes toward homosexuality, 85 A.L.R. Fed. 864.