When selecting jurors prior to trial, criminal defendants in Massachusetts are entitled to a set number of “peremptory challenges.” These allow the defendant to eliminate members of the jury pool without cause.
The number of peremptory challenges provided to a defendant is set forth in Rule 20(c)(1) of the Massachusetts Rules of Criminal Procedure.
That rule allows for two peremptory challenges when the jury consists of six members and four peremptory challenges with a jury of twelve.
Additionally, in any case punishable by life in prison, the defendant will have twelve peremptory challenges when selecting the jury.
In all cases, the prosecutor will have the same number of peremptory challenges as the defendant.
According to section 2 of Rule 20(c),
Peremptory challenges shall be made before the jurors are sworn and may be made after the determination that a person called to serve as a juror stands indifferent in the case.
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