Twelve persons shall constitute a jury to try all capital cases, and 6 persons shall constitute a jury to try all other criminal cases.
RULE 3.270. NUMBER OF JURORS
- In capital cases, where the death penalty is a possible sentence, the jury must consist of 12 people.
- In all other criminal cases, including misdemeanors and non-capital felonies, the jury consists of 6 people.
- In all criminal trials in Florida, whether the jury has 6 or 12 members, the verdict must be unanimous.
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1968 Adoption. Except for substituting the word “persons” for “men,” the suggested rule is a transcription of section 913.10, Florida Statutes. The standing committee on Florida court rules raised the question as to whether this rule is procedural or substantive and directed the subcommittee to call this fact to the attention of the Supreme Court.
1972 Amendment. Same as prior rule.