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

    State v Hintze, 2022 UT App 117
    This appeal involves a question of whether a defendant’s Sixth Amendment right to a speedy trial was violated after the State did not prosecute the...
    July 16, 2025
    Understanding the Rainbow of Collar Crime
    When it comes to the difference between right and wrong we expect everything to be black and white.  But when discussing types of crimes there is a...
    July 15, 2025
    Revenge, Forgiveness, and the Brain: Rethinking “An Eye for an Eye”
    For centuries, justice meant one thing: an eye for an eye. You hurt me, I hurt you. It felt fair, direct, and final. But science tells a different...
    July 15, 2025

    Ready to explore our other articles?