ABA Family Legal Guide

Criminal Justice

Court Procedures

Trial

How many jurors sit on a federal criminal jury?

A federal criminal trial jury usually has twelve members, unless the defendant and prosecutor agree to fewer. In some states, there may be fewer than twelve jurors in criminal misdemeanor cases, in which the maximum punishment is usually no more than a year's imprisonment. In more serious felony cases, in which the punishment may be more than a year of imprisonment in the penitentiary, twelve jurors are often required.