Legislature(1993 - 1994)

1994-03-09 House Journal

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1994-03-09                     House Journal                      Page 2692
HB 528                                                                       
HOUSE BILL NO. 528 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act amending Alaska Rule of Criminal Procedure 24(d)                      
relating to peremptory challenges of jurors in felony criminal                 
proceedings."                                                                  
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Law, 3/9/94                                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to peremptory challenges of jurors in felony      
criminal proceedings.  During jury selection for felony trials, such as        
for murder, sexual assault, domestic violence, or child abuse,                 
peremptory challenges are used by both prosecutors and defense                 
lawyers to remove potential jurors from the case in an effort to obtain        
a fair jury to hear the case.  But current court rules allow criminal          
defendants to peremptorily challenge 10 jurors without stating a cause,      
while prosecutors are only permitted to challenge six on this basis.         
This difference in the court rules balances the scales unfairly, tilting       
jury selection in favor of criminal defendants.                                

1994-03-09                     House Journal                      Page 2693
HB 528                                                                       
This bill will amend Alaska Rule of Criminal Procedure 24(d) to give           
prosecutors and defendants the same number of peremptory challenges            
in jury trials in felony criminal cases.  This bill will help level the        
playing field in criminal prosecutions when trying to pick a fair jury         
to hear a criminal case.  Also, allowing both sides six peremptory             
challenges may reduce the cost of criminal trials by reducing the time         
needed for jury selection.                                                     
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"