Haw. Rev. Stat. § 635-30

Current through Act 23 of the 2024 Legislative Session

Section 635-30 - Peremptory challenges, criminal cases

In criminal cases, if the offense charged is punishable by life imprisonment, each side is entitled to twelve peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed six challenges. In all other criminal trials by jury each side is entitled to three peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed two challenges. In all cases the State shall be allowed as many challenges as are allowed to all defendants.

HRS § 635-30

L 1903, c 38, §21; am L 1915, c 73, §1; RL 1925, §2419; am L 1932 1st, c 11, §2; RL 1935, §3737; RL 1945, §10113; RL 1955, § 231-13; am imp L 1957, c 282; HRS § 635-30; am L 1972, c 89, §2B(k)

Rules of Court

See HRPP rule 24(b).

Sequence for challenging jurors, see RCC rule 17(f).

Law Journals and Reviews

State v. Levinson: Limitations on a Criminal Defendant's Use of Peremptory Challenges. 13 UH L. Rev. 279.

Where four joint defendants joined in each of 10 challenges, held that they had exercised their full right of challenge, although each would have been allowed ten challenges if taken separately.3 Haw. 90. Defendant allowed twelve peremptory challenges only when the charged offense itself carries penalty of life imprisonment. 65 H. 354, 652 P.2d 1119.