Also known as: impanels · impaneled · impaneling · empanel · jury selection
Written by attorneys · grounded in primary & secondary sources — see below
To select and swear in a body of jurors to hear and decide a case. The court may also impanel alternate jurors to replace any who become unable or disqualified from service.
During a federal criminal trial, two seated jurors fell ill and could no longer continue. The court impaneled two of the six alternates already selected and sworn at the outset, allowing the trial to proceed without restarting jury selection.
After the prosecutor struck every Black venire member, defense counsel raised a Batson objection. The court sustained the challenge, rejected the proffered race neutral reasons, and impaneled a new venire to ensure an impartial jury.
A grand juror disclosed a personal relationship with a target of the investigation. The court excused that juror for good cause and impaneled an alternate to maintain the required twelve member quorum for indictment.
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In a state civil trial the defendant used peremptory challenges to remove all female venire members. The court sustained the Equal Protection objection, disallowed the strikes, and impaneled a jury drawn from the remaining qualified panel.
In a federal civil products liability case the corporate defendant struck every Black venire member. The court found state action in the jury selection process, sustained the objection, and impaneled a jury without the discriminatory exclusions.
A modern securities fraud plaintiff demanded a jury trial. The court recognized that the claim was analogous to common law actions in which a jury would have been impaneled in 1791 and therefore granted the Seventh Amendment demand.
Under Rule 24(c)(1) the court may impanel up to six alternate jurors. These alternates must possess the same qualifications as regular jurors and are selected and sworn in the same manner.
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Rule 6(h) permits the court to excuse a grand juror temporarily or permanently. If the excusal is permanent the court may impanel an alternate to preserve the twelve juror quorum needed to return an indictment.
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Yes. Both prosecutors and private litigants in civil cases engage in state action when they exercise peremptory challenges. Strikes based on race or gender violate equal protection and may require the court to impanel a new venire or disallow the strikes.
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…than another’” may violate equal protection) (citation omitted); Castaneda v. Partida , 430 U. S. 482, 492-495 (1977) (grand jury selection). We have in any event recognized that the Free Exercise Clause protects values distinct from those protected by the Equal Protection Clause. See Hobbie , 480 U. S., at 141-142. As the…