§ 16-10-106. Incapacity of Juror
Where a jury of twelve has been sworn to try the case, and any juror by reason of illness or other cause becomes unable to continue until a verdict is reached, the court may excuse such juror. If no alternate juror is available to replace the juror, the parties at any time before verdict may […]
§ 16-10-107. Challenge to Entire Jury Panel
A challenge to the panel is an objection to the entire panel of prospective trial jurors made by the defendant or by the prosecuting attorney. No challenge to the panel shall be made, except as provided by section 13-71-139, C.R.S. Source: L. 72: R&RE, p. 238, § 1. C.R.S. 1963: § 39-10-107. L. 89: Entire […]
§ 16-10-108. Verdict
The verdict of the jury shall be unanimous. The jury shall return its verdict in open court, but a sealed verdict may be received as provided by rule of the supreme court of Colorado. Source: L. 72: R&RE, p. 238, § 1. C.R.S. 1963: § 39-10-108.
§ 16-10-109. Trial by Jury for Petty Offenses
For the purposes of this section, “petty offense” means any crime or offense classified as a petty offense or, if not so classified, which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundred dollars, or by both such […]
§ 16-10-110. Jury Instructions – Cases Involving the Possibility of the Death Penalty
At the trial of any felony in which the prosecution is not seeking the death penalty, upon the request of the prosecution or the defendant, the court shall instruct the jury during voir dire that the prosecution is not seeking the death penalty. Source: L. 89: Entire section added, p. 828, § 36, effective July […]
§ 16-10-102. When Jury Panel Exhausted
In all criminal cases where the panel of jurors is exhausted by challenge or otherwise, and whether any juror has been selected and sworn or not, the court may order the issuance of a venire for any number of jurors not exceeding twenty-four, returnable forthwith, out of which persons so ordered to be summoned it […]
§ 16-10-103. Challenge of Jurors for Cause
The court shall sustain a challenge for cause on one or more of the following grounds: Absence of any qualification prescribed by statute to render a person competent as a juror; Relationship within the third degree, by blood, adoption, or marriage, to a defendant or to any attorney of record or attorney engaged in the […]
§ 16-10-104. Peremptory Challenges
In capital cases, the state and the defendant, when there is one defendant, shall each be entitled to ten peremptory challenges. In all other cases, where there is one defendant and the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, the state and the defendant shall each be […]
§ 16-10-105. Alternate Jurors
The court may direct that a sufficient number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to […]
§ 16-10-101. Jury Trials – Statement of Policy
The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, or other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive due process of law as […]