Struck Jury

A special jury obtained by striking. See "Striking a Jury."

See Striking a Jury.

A special out a certain number ure: V. Rase.

In a class of cases in which peculiar and difficult questions are involved, rendering it proper that persons of peculiar knowledge and qualifications should form the jury, instead of its being composed by lot, what is called a struck jury is allowed. This is also sometimes called a special jury; but it seems that the term special is less definite, as there may be other special panels. See Cook v. State, 24 N. J. L. 843. In this countiy, the proceeding is rare; and the steps to be taken are regulated by statute or rule of court, which may vary in details in different jurisdictions. But its distinguishing features, according to old forms, are these: The clerk of court returns a list of a large number of selected names of men of known qualifications for the trial of such questions as are presented in the cause. Thus, if it is a cause involving difficult questions of banking and finance, he returns (in theory) the names of approved bankers, or men of like experience. From this list the attorneys of the parties alternately strike off names, until twentythe jury for the trial of the cause is selected. The essence of the plan consists in securing special qualifications in the jurors, by allowing the clerk to select, instead of summoning by lot; while impartiality is attained by the large liberty given to each party to strike off. In New York, this practice has been authorized for many years, in cases where the court shall deem it necessary, by reason of the importance and intricacy of the cause. Under this permission, applications have frequently been made, — sometimes granted, sometimes refused on the ground that the particiilar cause was neither intricate nor important in the sense of the statute. No general rule can be deduced from the reported decisions as to what sort of causes desei Te this kind of jury; but the decisions are summed up in Abb. N. Y. Dig. tit. Trial, 1[ 196-208. That a large sum is at stake, or that the government is a party, are not reasons: there must be something in the nature of the controversy suggesting necessity for jurors of special qualifications. The proceeding is quite definitely regulated by 2 Eev. Stat. 418. It provides that, when it shall appear to the court " that a fair and impartial trial cannot be had without a struck jury, or that the importance or intricacy of the cause requires such a jury, such court shall order a special jury to be struck. " The party obtaining the order gives notice of the time when he will attend before the clerk of the county in which the venue is laid, for the purpose of having the jury struck. At the time appointed, the clerk selects, from the lists of jurors liable to serve, the names of forty-eight persons whom he deems most indifferent between the parties, and best qualified to try the cause. The party obtaining the order or his attorney then strikes out one name, the opposite party, &c., another, and so on alternately until each has stricken out twelve names. If either party does not attend, or does not strike, the clerk strikes for him. The striking being completed, the clerk makes out a list of the twenty-four persons not stricken out. They are sumin the same manner as in ordinary cases. The practice seems to have been materially modified and extended by recent legislation in England. The accounts given in recent books of special and of struck juries are not easily distinguished.