(a) Preliminary Challenge to the Jury Panel. Any party may challenge the panel for good cause shown. Challenges to the panel shall be in writing or on the record, specifying the facts on which the challenge is based. Absent a showing of good cause, all such challenges shall be made and decided before the commencement of voir dire.(b) Challenges for Cause. When there is reasonable ground to believe that a juror cannot render a fair and impartial verdict, the court, on its own initiative or on motion of any party, shall excuse the juror from service in the case. A challenge for cause may be made at any time, but may be denied for failure of the party making it to exercise due diligence. Challenges for cause and rulings thereon shall be made out of the hearing of the jurors, but shall be of record.(c) Peremptory Challenges. (1) In General. Both parties shall be allowed the following number of peremptory challenges for the selection of jurors: (A)Selection of Regular Jurors: Regarding regular jurors, the defendant and the prosecution shall each have peremptory challenges, as follows: (i) In cases wherein the punishment may be death or life imprisonment, the defendant and the prosecution each shall have twelve (12) peremptory challenges for the selection of the regular twelve (12) jurors.(ii) In felony cases not involving the possible sentence of death or life imprisonment, the defendant and the prosecution each shall have six (6) peremptory challenges for the selection of the twelve (12) regular jurors.(iii) The defendant and the prosecution each shall have two (2) peremptory challenges in a trial with a six (6) person jury. These challenges may not be used in the selection of alternate juror(s).
(B)Selection of Alternate Jurors: When the court has elected to impanel alternate juror(s), the defendant and the prosecution shall each have peremptory challenges, as follows: (i) In death penalty cases, the peremptory challenges shall equal the number of alternate jurors the court has ordered to be selected.(ii) In all other cases, the peremptory challenges shall be one (1) challenge for each two (2) alternate jurors, or part thereof, ordered by the court to be selected. These challenges for alternate jurors may not be used in the selection of regular jurors.
(2) Joint Trial of Several Defendants. When two (2) or more defendants are jointly tried, two (2) additional challenges shall be allowed to the defense and to the prosecuting attorney for each additional defendant. When two (2) or more defendants are jointly tried and cannot agree on the allocation of the peremptory challenges, they shall be exercised in the manner prescribed by the court.Comment
Under section (b), "a juror who may be removed on challenge for cause is one against whom a cause for challenge exists that would likely [affect the juror's] competency or . . . impartiality at trial." Evans v. State, 725 So. 2d 613, 653 (Miss.1997), cert. denied, 525 U.S. 1133 (1999) (quoting Billiot v. State, 454 So. 2d 445, 457 (Miss. 1984)). Section (b) permits a challenge for cause to be made whenever the cause appears. The trial court may deny the challenge if not seasonably made, but there is no absolute time limitation imposed by rule.
Section (c)(1) is consistent with former Rule 10.01 of the Uniform Rules of Circuit and County Court. Section (c)(1)(A)(iii) continues the practice in justice court regarding the number of peremptory challenges allowed. See former Uniform Rules of Procedure for Justice Court 1.19 (allowing two (2) peremptory challenges for the regular jurors and one (1) peremptory challenge for the alternate juror). Section (c)(2) expands on prior practice by providing two (2) additional challenges to the defense collectively, and to the prosecuting attorney, for each co-defendant. Co-defendants who cannot agree on the allocation of peremptory challenges will exercise them as directed by the court.