A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Two: Jury Selection

    2.1     Qualifications of Federal Jurors
                A. Qualifications
                B.  Erroneous Inclusion of Disqualified Juror

A MANUAL OF JURY TRIAL PROCEDURES - 2004

A. Qualifications of Federal Jurors: Qualifications

The provisions of 28 USC 1865(b) establish the qualifications to serve as a member of a grand jury or trial jury. A person is qualified to serve as a juror if he or she (1) is a citizen of the United States who has resided for one year or more within the judicial district; (2) is at least 18 years of age; (3) is able "to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form"; (4) is able to speak the English language; (5) is mentally and physically capable of rendering satisfactory jury service; (6) does not have "a charge pending against him for the commission of a crime punishable by imprisonment for more than one year;" and (7) has not been convicted in State or Federal court of a crime punishable by more than one year in prison unless the prospective juror's civil rights have been restored.

A MANUAL OF JURY TRIAL PROCEDURES - 2004

B. Qualifications of Federal Jurors: Erroneous Inclusion of Disqualified Juror

The participation of a felon-juror is not an automatic basis for a new trial. The participation of a felon-juror requires a new trial if the juror's participation in the case results in actual bias or prejudice to a party. Coughlin v. Tailhook Ass'n, 112 F.3d 1052, 1059 (9th Cir. 1997). Actual bias must be shown by the party seeking a new trial. That party must demonstrate that a juror failed to reveal a disqualification because he or she was biased. Failure to disclose a conviction due to a mistake or embarrassment does not suggest bias. Even if nondisclosure is dishonest rather than mistaken, a new trial is not warranted unless there is evidence the nondisclosure was a result of bias or prejudice. United States v. Bishop, 264 F.3d 535, 555 (5th Cir. 2001), cert. denied, 535 U.S. 1016 (2002).