2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 2 - Juries in Felony Cases
§ 15-12-165. Number of Peremptory Challenges

Every person accused of a felony may peremptorily challenge nine of the jurors impaneled to try him or her. The state shall be allowed the same number of peremptory challenges allowed to the accused; provided, however, that in any case in which the state announces its intention to seek the death penalty, the accused may peremptorily challenge 15 jurors and the state shall be allowed the same number of peremptory challenges.

(Laws 1833, Cobb's 1851 Digest, p. 835; Code 1863, § 4530; Code 1868, § 4549; Code 1873, § 4643; Code 1882, § 4643; Penal Code 1895, § 974; Penal Code 1910, § 1000; Code 1933, § 59-805; Ga. L. 1992, p. 1981, § 2; Ga. L. 2005, p. 20, § 7/HB 170; Ga. L. 2011, p. 59, § 1-59/HB 415.)

- Number of strikes allowed to defendants jointly indicted and tried for capital offense, § 17-8-4.

- Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: "This act shall be known and may be cited as the 'Criminal Justice Act of 2005.'"

Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the amendment to this Code section shall be applicable to all trials which commence on or after July 1, 2005.

Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"

- For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 29 (2005). For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006). For note, "Toward an Integrated Rule Prohibiting All Race-Based Peremptory Challenges: Some Considerations on Georgia v. McCollum," see 26 Ga. L. Rev. 503 (1992). For comment on Alderman v. State, 241 Ga. 496, 246 S.E.2d 642, cert. denied, 439 U.S. 991, 99 S. Ct. 593, 58 L. Ed. 2d 666 (1978), see 31 Mercer L. Rev. 349 (1979).

ANALYSIS

• General Consideration
• Number
• Excusal for Cause

OPINIONS OF THE ATTORNEY GENERAL

Unused peremptory challenges may not be used as to alternate jurors.

- In selecting alternate jurors under O.C.G.A. § 15-12-169, the parties are not entitled to utilize unused O.C.G.A. § 15-12-165 peremptory challenges as additional peremptory challenges to the alternate jurors. 1993 Op. Att'y Gen. No. U93-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21A Am. Jur. 2d, Criminal Law, § 990.

47 Am. Jur. 2d, Jury, § 206 et seq.

- 50A C.J.S., Juries, §§ 431 et seq., 473, 483 et seq.

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

Right to peremptory challenges in selection of jury to try issue of former conviction, 162 A.L.R. 429.

Peremptory challenge after acceptance of juror, 3 A.L.R.2d 499.

Effect of allowing excessive number of peremptory challenges, 95 A.L.R.2d 957.

Jury: number of peremptory challenges allowed in criminal case, where there are two or more defendants tried together, 21 A.L.R.3d 725.

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.

Racial or ethnic prejudice of prospective jurors as proper subject of inquiry or ground of challenge on voir dire in state criminal case, 94 A.L.R.3d 15.

Additional peremptory challenges because of multiple criminal charges, 5 A.L.R.4th 533.

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

Use of peremptory challenges to exclude Caucasian persons, as a racial group, from criminal jury - post Batson state cases, 20 A.L.R.5th 398; 47 A.L.R.5th 259.

Peremptory Challenge Excluding Person on Basis of Sexual Orientation as Violation of Federal Constitution, 48 A.L.R. Fed. 3d Art. 2.