There is no single number. How many jurors can be dismissed during jury selection depends on the type of dismissal: judges can grant an unlimited number of “for cause” dismissals when a prospective juror shows bias or a disqualifying conflict, while each side gets a fixed, smaller allotment of “peremptory challenges” to strike jurors without giving a reason. In a typical federal felony trial, that means the defense can strike 10 jurors and the prosecution 6, on top of every for-cause dismissal the judge approves.
For-Cause Dismissals Have No Cap
A for-cause dismissal removes a prospective juror because something specific prevents fair and impartial service. Common grounds include knowing one of the parties, having a financial stake in the outcome, holding a fixed opinion about the case, or having professional experience that would make it hard to weigh the evidence like a layperson. Either attorney can ask the judge to dismiss a juror for cause, but the judge decides.
There is no ceiling. If the entire first panel of prospective jurors reveals disqualifying biases during questioning, the judge can dismiss every one of them and call a new group. What keeps for-cause challenges in check is that each requires a legally recognized reason and judicial approval. Attorneys cannot use them as a backdoor way to shape the jury based on hunches or strategy.
Peremptory Challenges Are Capped
Peremptory challenges let attorneys remove prospective jurors without explaining why. An attorney might sense hostility in a juror’s body language, dislike their answers on a questionnaire, or simply have a gut feeling. That is enough. No judicial approval is needed. Both sides get a fixed number of these strikes, and once they are used up, they are gone.
The strategic value is obvious: peremptories let attorneys act on instincts that would never meet the legal threshold for a for-cause dismissal. Because they are so powerful and so easy to misuse, the law limits how many each side gets and prohibits using them to discriminate against jurors based on race or sex.
Federal Peremptory Numbers by Case Type
Federal criminal trials follow a tiered system based on how serious the charges are. The defense generally gets more peremptory challenges than the prosecution.
- Capital cases: each side gets 20 peremptory challenges when the government seeks the death penalty.
- Felony cases: the government gets 6, and the defense gets 10.
- Misdemeanor cases: each side gets 3.
These numbers come from Federal Rule of Criminal Procedure 24(b), which defines a felony as any crime punishable by more than one year in prison and a misdemeanor as any crime punishable by a year or less.1Cornell Law School. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors
In federal civil cases, each party gets 3 peremptory challenges. When there are multiple plaintiffs or multiple defendants, the court may treat them as a single party sharing those 3 challenges, or it may grant additional challenges and let the parties exercise them separately or jointly.2Office of the Law Revision Counsel. 28 USC 1870 – Challenges
Extra Strikes for Alternate Jurors
Alternate jurors sit through the entire trial as backups, ready to step in if a regular juror gets sick, is disqualified, or otherwise cannot continue deliberating. Federal criminal courts may seat up to 6 alternates, and each side receives extra peremptory challenges specifically for selecting them:
- One or two alternates: 1 additional peremptory per side.
- Three or four alternates: 2 additional peremptories per side.
- Five or six alternates: 3 additional peremptories per side.
These additional challenges can only be used to strike prospective alternates, not regular jurors.1Cornell Law School. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors So in a federal felony case with 4 alternates, the defense could exercise up to 12 peremptory challenges total (10 regular plus 2 for alternates), and the government up to 8 (6 plus 2).
Federal civil cases work differently. The formal alternate juror system was abolished in federal civil trials in 1991, and courts now seat extra jurors from the start, excusing any who become unnecessary before deliberations begin.
State Court Numbers Vary
State courts set their own peremptory limits, and the numbers differ significantly across jurisdictions. Most states tie the count to the severity of the offense, similar to the federal system, but the specific allotments vary. Some states give each side 5 peremptory challenges for non-capital felonies. Others allow 10 or more per side for serious felonies. Misdemeanor allowances are typically smaller.
Unlike the federal system, many states give the prosecution and defense equal numbers of peremptory challenges. Judges in most jurisdictions also have authority to grant additional challenges in complex cases or multi-defendant trials, which can push the total number of available strikes well beyond the baseline. A small number of states have moved further: Arizona eliminated peremptory challenges entirely, effective January 1, 2022, leaving for-cause challenges as the only dismissal tool.3Arizona Legislature. HB 2228 – House Bill Summary
The Batson Limit on Discriminatory Strikes
Peremptory challenges are powerful precisely because attorneys do not need to explain them. In 1986, the Supreme Court drew a constitutional line: you cannot use a peremptory strike to remove a juror because of their race. The Court in Batson v. Kentucky held that the Equal Protection Clause “forbids the prosecutor to challenge potential jurors solely on account of their race.”4Justia Supreme Court Center. Batson v. Kentucky, 476 U.S. 79 (1986) Eight years later, J.E.B. v. Alabama extended the prohibition to gender, holding that “gender, like race, is an unconstitutional proxy for juror competence and impartiality.”5Justia Supreme Court Center. J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994)
When one side suspects a discriminatory strike, they raise a Batson challenge, which triggers a three-step inquiry. First, the objecting party points to facts suggesting the strike was based on race or gender; the burden here is light, requiring only an inference of discrimination, not proof. Second, the attorney who made the strike must offer a reason unrelated to race or gender. Even a thin reason can satisfy this step. Third, the judge decides whether the stated reason is genuine or a cover for discrimination. If the judge finds pretext, the strike is denied and the juror stays on the panel.6Congress.gov. Peremptory Challenges – Batson A successful Batson challenge does not restore a strike to the attorney’s overall count; it prevents that particular removal from taking effect.
Removals Before Voir Dire Do Not Count
The court filters the jury pool before attorneys exercise a single challenge. Federal law requires prospective jurors to be U.S. citizens, at least 18 years old, residents of the judicial district for at least one year, and sufficiently proficient in English to participate in proceedings.7Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service Anyone with a pending felony charge or an unrestored felony conviction is disqualified, as is anyone whose mental or physical condition would prevent satisfactory service.
Judges can also excuse prospective jurors for hardship, including serious medical conditions, caregiving responsibilities that cannot be covered, and financial hardship severe enough to threaten basic living expenses. These removals are not “challenges” in the legal sense and do not count against either side’s allotment. They are handled administratively, often before the prospective juror ever enters the courtroom. State qualification rules follow similar patterns, though specific age, residency, and excuse standards vary.
Working Backward from the Jury the Court Needs
All of these dismissals work backward from a target: the number of jurors needed for a valid trial. Federal criminal cases require a jury of 12 unless both sides agree in writing to fewer.8Office of the Law Revision Counsel. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial Federal civil cases require at least 6 jurors and no more than 12, with all jurors participating in the verdict unless the court excuses one during trial.9U.S. District Court Northern District of Illinois. Federal Rules of Civil Procedure Rule 48 – Number of Jurors; Participation in Verdict
State jury sizes range from 6 to 12 depending on the jurisdiction and case type. Many states use 12-person juries for felonies and 6-person juries for misdemeanors or civil cases. The court summons enough prospective jurors to account for the target panel size plus alternates plus the total number of challenges both sides might use. In a complex case with extensive for-cause dismissals, the court may need to call additional groups of prospective jurors before a full panel can be seated.