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8. General principles of the Jury
 
  Article 48-Formation and selection of jury  
48.1 Jury size  
  A jury shall always consist of twelve (12) qualified jurors.  
48.2 Alternate jurors  
  In Level 5 and 6 Civil and Criminal cases, a judge may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. In Level 3 and 4 Civil and Criminal cases , the judge may direct that not more than two 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 or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn and selected in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, security, and privileges as regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.  
48.3 Failure to register  
  Failure to register to vote shall not disqualify any person from jury service.  
48.4 Jury drawn  
  Jury panels for the trial of criminal cases shall be selected and summoned (with return on summons) in the same manner as the selection of panels for the trial of civil cases except as otherwise provided in this Code.  
48.5 Jurors called  
  When a case is called for trial and the parties have announced ready for trial, the names of those summoned as jurors in the case shall be called. Those not present may be fined not exceeding 1/5 average week wage. An attachment may issue on request of either party for any absent summoned juror, to have him brought forthwith before the court. A person who is summoned but not present, may upon an appearance, before the jury is qualified, be tried as to his qualifications and impaneled as a juror unless challenged, but no cause shall be unreasonably delayed on account of his absence.  
48.6 Sworn to answer questions  
  To those present the court shall cause to be administered this oath: "By the name of Arabian Union and its constitution, you, and each of you, solemnly swear that you will make true answers to such questions as may be propounded to you by the court, or under its directions, touching your service and qualifications as a juror."  
48.7 Excuses  
  The court or designated and professional qualified staff shall hear and determine excuses offered for not serving as a juror, including any claim of an exemption or a lack of qualification, and if the court considers the excuse sufficient, the court shall discharge the prospective juror or postpone the prospective juror's service to a date specified by the court, as appropriate.  
48.8 Claimed exception  
  Any person summoned as a juror who is exempt by law from jury service may establish their exemption without appearing in person by filing a signed statement of the ground of their exemption with the clerk of the court at any time before the date upon which they are summoned to appear.  
48.9 Exclusion by consent  
  One summoned a potential juror may by consent of both parties be excused from attendance by the court at any time before the person is impaneled.  
48.10 Challenge to array first heard  
  The court shall hear and determine a challenge to the array before interrogating those summoned as to their qualifications.  
48.11 Challenge to the array  
  Each party may challenge the array (of potential jurors) only on the ground that the officer summoning the jury has wilfully summoned jurors with a view to securing a conviction or an acquittal. All such challenges must be in writing setting forth distinctly the grounds of such challenge. When made by the defendant, it must be supported by his affidavit or the affidavit of any credible person. When such challenge is made, the judge shall hear evidence and decide without delay whether or not the challenge shall be sustained.  
48.12 When challenge is sustained  
  The array of jurors summoned shall be discharged if the challenge be sustained, and the court shall order other jurors to be summoned in their stead, and direct that the officer who summoned those so discharged, and on account of whose misconduct the challenge has been sustained shall not summon any other jurors in the case.  
48.13 List of new venire  
  When a challenge to the array (of potential jurors) has been sustained, the defendant shall be entitled, as in the first instance, to service of a copy of the list of names of those summoned by order of the court.  
48.14 Court to try qualification  
  When no challenge to the array has been made, or if made, has been over-ruled, the court shall proceed to try the qualifications of those present who have been summoned to serve as jurors.  
48.15 Preparation of list  
  The trial judge, on the demand of the defendant or their attorney, or of the State's counsel, shall cause a sufficient number of jurors from which a jury may be selected to try the case to be randomly selected from the members of the general panel drawn or assigned as jurors in the case. The clerk shall randomly select the jurors by a computer or other process of random selection and shall write or print the names, in the order selected, on the jury list from which the jury is to be selected to try the case. The clerk shall deliver a copy of the list to the State's counsel and to the defendant or his attorney.  
48.16 Mode of testing  
  In testing the qualification of a prospective juror after the juror has been sworn, the juror shall be asked by the court, or under its direction:
  
  1. Except for failure to register, are you a qualified voter?  
  2. Do you have an active criminal record?  
  3. Are you under indictment or legal accusation for theft or any felony?  
48.17 Passing juror for challenge  
  A juror in a capital case in which the state has made it known it will seek the death penalty, held to be qualified, shall be passed for acceptance or challenge first to the state and then to the defendant. Challenges to jurors are either peremptory or for cause.  
48.18 A peremptory challenge  
  A peremptory challenge is made to a juror without assigning any reason therefor.  
48.19 Number of challenges  
  In Level 5 and 6 cases both the State and defendant shall be entitled to six (6) peremptory challenges. Where two or more defendants are tried together, the State shall be entitled to four (4) peremptory challenges for each defendant; and each defendant shall be entitled to four (4) peremptory challenges.  
  In Level 3 and 4 cases the State and defendant shall each be entitled to three (3) peremptory challenges. If two or more defendants are tried together each defendant shall be entitled to two (2) peremptory challenges and the State to two (2) for each defendant.  
48.20 Reasons for challenge for cause  
  A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury. A challenge for cause may be made by either the state or the defense for only one of the following reasons:  
  1. That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification;  
  2. That the juror has an active criminal history at the time;  
  3. That the juror is under indictment or other legal accusation at the time;  
  4. That the juror is insane;  
  5. That the juror has such defect in the organs of feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that the juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case;  
  6. That the juror is a witness in the case;  
  9. That the juror has openly expressed a bias or prejudice in favor of or against the defendant;  
  10. That the juror is related to the defendant;  
  11. That the juror has known and/or interacted with the defendant over a number of years, either as a friend, acquaintance or enemy, or as a member of the same education, work environment and/or club or association;  
  12. That the juror cannot read or write.  
48.21 Names called in order  
  In selecting the jury from the persons summoned, the names of such persons shall be called in the order in which they appear upon the list furnished the defendant. Each juror shall be tried and passed upon separately. A person who has been summoned, but who is not present, may, upon his appearance before the jury is completed, be tried as to their qualifications and impaneled as a juror, unless challenged, but no cause shall be unreasonably delayed on account of such absence.  
48.22 Judge to decide qualifications  
  The court is the judge, after proper examination, of the qualifications of a juror, and shall decide all challenges without delay and without argument thereupon.  
48.23 Oath to jury  
  When the jury has been selected, the following oath shall be administered them by the court or under its direction: "You and each of you do solemnly swear upon the the Arabian Union and our common constitution, that in the case of (name of case) against the defendant, you will a true verdict render according to the law and the evidence, so help you".  
48.25 Lists returned to the clerk  
  When the parties have made or declined to make their peremptory challenges, they shall deliver their lists to the clerk. Except as provided in this article, the clerk shall call off the first twelve names on the lists that have not been stricken.Those whose names are called shall be the jury.  
48.26 Personal information about jurors  
  Information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror. On a showing of good cause, the court shall permit disclosure of the information sought.  
     
     
     
 
 

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