Also known as: empanels · empaneled · empanelled · empaneling · empanelling · empanelment · empanelments · impanel · impanelment
Written by attorneys · grounded in primary & secondary sources — see below
To select and swear in a jury to try an issue or case. Alternate jurors may be added under the same process to replace any who become unable or disqualified from service.
Emma Erickson faced federal fraud charges. After the original twelve jurors were sworn, the court impaneled two alternates under Rule 24(c)(1) to replace any who might later become unavailable. When one juror fell ill during deliberations, an alternate stepped in without restarting the trial.
Elliot Edmonds stood trial for conspiracy. Once the jury was empaneled and sworn, jeopardy attached. The prosecution could not later retry him on the same charges even after a mistrial declaration.
Ethan Evans objected when the court began hardship excusals before he arrived. The judge halted the process because jury impanelment is a trial stage requiring the defendant's presence under Rule 43. Only after Evans entered the courtroom did voir dire and swearing proceed.
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Ella Emerson served on a grand jury investigating embezzlement. After the court found good cause to excuse her permanently under Rule 6(h), it impaneled an alternate who had the same qualifications and was sworn in the identical manner.
Emily Ellis and other plaintiffs sought class certification in tobacco litigation. The court considered empaneling one jury for common issues and later juries for individual claims. The plan raised Seventh Amendment concerns about reexamination of facts by a second jury.
Eric Espinoza challenged the prosecutor's use of strikes against Black venire members. The pattern during empanelment of the petit jury supported an inference of purposeful discrimination under Batson analysis.
Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is generally protected against retrial for the same offense.
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Yes. Federal Rule of Criminal Procedure 43 requires the defendant's presence at every trial stage, including jury impanelment and the return of the verdict. Hardship excusals and voir dire count as part of that stage.
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Yes. For good cause the court may excuse a juror permanently and impanel an alternate who possesses the same qualifications and is sworn in the same manner.
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No. Dismissal is not required if the record shows that at least twelve qualified jurors concurred in the indictment, even if an unqualified person was empaneled and participated.
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…used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors in the empaneling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination. In deciding whether the defendant has made the requisite showing, the…