Jury Composition – Utah Code 78B-1-104

Posted by Stone River Criminal Defense Team

Last Updated: March 3, 2025

How Many Jurors on a Utah Criminal Jury Utah Code section 78B-1-104 establishes the number of jurors required to compose a jury in criminal trials. Whereas 12 jurors is the norm in federal cases, Utah law allows smaller juries to be seated, except in capital (death penalty) cases. In a death penalty case, the jury […]
attorney meeting with client at desk

How Many Jurors on a Utah Criminal Jury

Utah Code section 78B-1-104 establishes the number of jurors required to compose a jury in criminal trials. Whereas 12 jurors is the norm in federal cases, Utah law allows smaller juries to be seated, except in capital (death penalty) cases.

  • Capital – 12 Jurors
  • Felony – 8 Jurors
  • Class A Misdemeanor – 6 Jurors
  • Class B or Class C – 4 Jurors

In a death penalty case, the jury must consist of 12 persons. Even with the stipulation (agreement) of both parties, a trial in a capital felony case must be decided by a full 12-person jury.

Felony cases (other than capital offenses) receive a jury of 8 persons. Class A misdemeanors are heard by a jury of 6 persons. All lower-level misdemeanors are given a jury of 4 persons, and only if the jury is demanded by the defense. (No jury is used for trials involving only an infraction.)

In non-capital cases (felony or misdemeanor) the two sides may stipulate to proceeding with a smaller jury than what is provided for in the statute. Circumstances under which the defense would agree to a smaller jury are rare, and careful thought should be given before agreeing to proceed with trial without the required number of jurors.

Utah requires all* jury verdicts to be unanimous in criminal cases. This rule of unanimity applies both to guilty verdicts and to verdicts of not guilty.

*An exception to the unanimity rule exists in the penalty phase of a capital (death penalty) case. While a unanimous verdict is required to convict in a death penalty case, a single juror who votes against the death penalty during the penalty phase of the trial will eliminate execution as a possible punishment.

Originally Published: November 19, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    Probable Cause vs. Reasonable Articulable Suspicion
    “The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to...
    October 20, 2025
    Utah Appeals Court Overturns “Failure to Stop” Conviction in State v. Clegg, 2025 UT App 61
    When can a person legally be charged for ignoring a police command? In State v. Clegg (2025 UT App 61), the Utah Court of Appeals tackled that...
    October 20, 2025
    Cedar City v. McCraw (2025 UT App 123)
    The Utah Appeals Court has recently released an opinion vacating Criminal Mischief and Domestic Violence convictions for Jennifer McCraw based on...
    October 17, 2025

    Ready to explore our other articles?