Stand by

Filed Under: Criminal Law

Under section 633 of the Code, if a member of a jury array requests an exemption from serving on the jury, rather than granting the exemption the judge can instead require that juror to “stand by.” The effect is that, although names for jury selection are generally selected randomly, the name of the juror who was instructed to stand by will be left until all other members of the jury array have been called. As a result, the juror’s name might never be considered. If the juror’s name is reached, the judge will decide at that point whether to grant the exemption. Also often referred to as the power to “stand aside.”

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