Twelve Angry Men…Or is it? How Many Jurors Sit on a Jury?

Contributor: Adam Justinger

Introduction

Most people picture a jury the way Hollywood taught them to; twelve strangers in a deliberation room, sleeves rolled up, arguing until someone dramatically changes their vote like in 12 Angry Men. It’s a powerful image, and for many, it defines what a “real” jury looks like. But in North Dakota and Minnesota, the number of jurors who decide a case isn’t always what you might expect. Both states have constitutional provisions, statutes, and/or court rules that govern how many jurors sit on a jury for a criminal case.

Constitutions

Under both the North Dakota and Minnesota Constitutions an individual has a right to a trial by jury. Article I, Section 13 of the North Dakota Constitution, provides that a person accused of a crime for which they may be confined for more than one year has the right to a jury of twelve. In all other criminal cases, the Legislative Assembly may determine the size of the jury, provided it consists of at least six members. The North Dakota Constitution further requires that all jury verdicts be unanimous.

Article I, Section 6 of the Minnesota Constitution guarantees the right to a twelve member jury in felony prosecutions. For all other criminal prosecutions, the Legislature may establish the number of jurors, so long as the jury consists of at least six members.

North Dakota Statutes/Rules

In North Dakota, Rule 24 of the North Dakota Rules of Criminal Procedure outlines the selection of jurors. The Rule discusses both twelve and six person jury trials but does not specify how many jurors are required in each type of case. Instead, Section 29-17-12 of the North Dakota Century Code provides how many jurors are required for each type of criminal case. A twelve person jury is required for all felony cases. For class A misdemeanor offenses, a defendant may request a twelve person jury; otherwise the jury will consist of six individuals. For class B misdemeanor cases, a jury consists of six members.

Minnesota Statutes/Rules

In Minnesota, Rule 26 of the Minnesota Rules of Criminal Procedure outlines jury trial procedures. Unlike North Dakota, the Minnesota Rules of Criminal Procedure do not explicitly outline the number of jurors in a trial. Instead, the Minnesota Constitution states that for all felonies, there must be a jury trial consisting of twelve jurors. For all other cases (misdemeanors and gross misdemeanors), courts will generally have six jurors, which is the minimum required by the constitution.

In Conclusion

North Dakota and Minnesota jury trials are often complex. It is important to have an experienced criminal defense trial attorney to assist you with these matters. For help with criminal matters in North Dakota or Minnesota please contact SW&L Attorneys at 701-297-2890. For future articles, check out our blog. This article is for informational purposes only and is subject to our disclaimer.