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.