--- title: "How Jury Selection Works in a California Criminal Trial" description: "California replaced its Batson-Wheeler standard for criminal jury selection in 2022 with a stricter anti-discrimination rule. Here's how a jury pool is built, how voir dire works, and what changed under Code of Civil Procedure section 231.7." url: "https://www.thehfirm.com/blog/how-does-jury-selection-work-in-california" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # How Jury Selection Works in a California Criminal Trial California replaced its Batson-Wheeler standard for criminal jury selection in 2022 with a stricter anti-discrimination rule. Here's how a jury pool is built, how voir dire works, and what changed under Code of Civil Procedure section 231.7. Category: Legal Tips Author: Marshall Korns -- Marshall Korns manages client operations at The H Law Group, helping ensure every California criminal defense and DUI case receives responsive, professional, and client-focused support. Jury selection decides who sits in judgment before a single witness testifies, which is exactly why both sides fight over it so hard. In California, the process runs on the Code of Civil Procedure's Trial Jury Selection and Management Act, and it changed in a meaningful way for criminal cases starting in 2022: the old Batson-Wheeler standard for catching discriminatory jury strikes was replaced by a stricter state law standard that makes it considerably harder to remove a juror based on race, ethnicity, gender, or religion. This guide walks through how a jury pool gets built, what happens at the courthouse on the first day, how attorneys question and remove jurors, and what changed under the state's newer anti-discrimination rule. ## Who ends up in the jury pool Under Code of Civil Procedure section 197, California counties draw jury pools from voter registration records, DMV driver's license and ID records, and, since January 1, 2022, the Franchise Tax Board's list of resident state tax filers. Combining all three lists is meant to produce a pool that's a more representative cross-section of the county than voter rolls alone. To actually qualify for service, a prospective juror generally has to be a U.S. citizen, at least 18 years old, a resident of the county, and able to understand English well enough to follow the proceedings. People currently on [probation](/blog/different-types-of-probation) or [serving a felony sentence](/blog/felony-convictions-a-guide-to-serious-criminal-charges), or under a conservatorship for a condition that affects their capacity to serve, are excluded. Since 1996, California has eliminated occupational exemptions. Under Code of Civil Procedure section 204(a), nobody gets out of jury duty because of their job, economic status, race, religion, age, sex, sexual orientation, or similar characteristics. The only way out is an individual hardship excuse, such as a documented medical condition, active military service, or a genuine financial or caregiving hardship, and that's decided case by case, not by category. ## The summons, and what happens if you ignore it Ignoring a jury summons in California carries real consequences. Under Code of Civil Procedure section [209](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=209), a court can compel attendance and, after an order to show cause hearing, hold a non-responsive juror in contempt. Courts can also impose escalating monetary sanctions instead of contempt: up to $250 for a first violation, $750 for a second, and $1,500 for a third or subsequent violation. On the first appearance day, a jury commissioner's office processes a large pool, often close to 100 people for a single courtroom, through paperwork and orientation before assigning smaller panels to courtrooms. A standard California criminal jury has 12 members plus alternates, though a defendant can agree to a smaller number. At this stage, the judge also handles requests to be excused for hardship or for having served on a jury within the past year. ## Voir dire: how the panel gets narrowed down For criminal trials, Code of Civil Procedure section 223 sets the order of operations. The trial judge conducts the initial questioning of the panel, and only after that does counsel for each side get to question prospective jurors directly. The scope of attorney questioning is limited to what helps identify grounds for a challenge for cause, and while the judge sets reasonable limits, voir dire has to allow genuinely probing questions aimed at uncovering bias, not just a rushed formality. Two kinds of challenges follow this questioning: - Challenges for cause: either side can ask the judge to dismiss a juror who can't be fair, whether because of an actual bias, a relationship to someone involved in the case, or an inability to follow the law as instructed. There's no cap on how many of these either side can raise, since the only requirement is showing the juror actually can't serve impartially. - Peremptory challenges: each side can also dismiss a juror without stating a reason, within a fixed number of challenges set by Code of Civil Procedure section 231. For most felonies, each side gets 10. For [offenses that could bring the death penalty or life without parole](/penal-codes/penal-code-187-murder), each side gets 20. For misdemeanors carrying a maximum sentence of 90 days or less, each side gets 6. When multiple defendants are tried together, they share their base allotment but also get 4 additional joint challenges to use separately, and the prosecution's count goes up to match. ## The state's Batson-Wheeler replacement: what changed Historically, a party who suspected the other side was striking jurors because of race or another protected characteristic had to raise what's known in California as a Wheeler objection (the state-law counterpart to the U.S. Supreme Court's Batson v. Kentucky). That standard required the objecting side to prove the other party's purposeful discriminatory intent, which was a difficult bar to clear in practice. Code of Civil Procedure section [231.7](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=231.7), in effect for criminal trials since January 1, 2022, replaced that framework with a lower, more objective bar. A peremptory challenge is now invalid if there's a "substantial likelihood" that an objectively reasonable person would view a juror's race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation as a factor in the strike, whether or not the attorney using it meant to discriminate. The law also lists reasons the courts now treat as presumptively invalid unless the party offering them can show, by clear and convincing evidence, that the reason is unrelated to group bias and just as likely to apply to a similarly situated juror outside the protected group, including a prospective juror's dress, appearance, apparent friendliness, attentiveness, body language, or general demeanor. ## Challenge for cause vs. peremptory challenge: what's different - What has to be shown: a challenge for cause requires demonstrating an actual inability to be impartial; a peremptory challenge requires no stated reason at all, subject to the section 231.7 anti-discrimination limits. - How many are available: challenges for cause are unlimited; peremptory challenges are capped, typically 10 per side for most felonies, 20 per side for death-eligible or life-without-parole offenses, and 6 per side for low-level misdemeanors. - Who decides: the judge rules on a challenge for cause; a peremptory challenge is exercised unilaterally by the attorney, unless the opposing side raises a section 231.7 objection. - What can undo it: a challenge for cause is either granted or denied on the spot; a peremptory challenge can be reversed if the judge finds a substantial likelihood that a protected characteristic factored into it. ## Frequently asked questions ### How many peremptory challenges does each side get in a California criminal trial? It depends on the charge. Most felonies allow 10 per side, death-eligible or life-without-parole cases allow 20 per side, and misdemeanors with a maximum sentence of 90 days or less allow 6 per side. ### Is the Batson challenge still used in California? The underlying constitutional protection still exists, but for criminal trials, California courts now apply the state's own standard under Code of Civil Procedure section 231.7 rather than the traditional Batson-Wheeler purposeful-discrimination test. The state standard is easier for an objecting party to satisfy. ### Can you get out of jury duty because of your job in California? Not automatically. California eliminated blanket occupational exemptions. Anyone who wants to be excused has to raise an individual hardship request, and it's evaluated on its own facts rather than granted because of a particular profession. ### What happens if I ignore a jury summons in California? The court can compel your attendance and hold you in contempt after a hearing, or impose escalating monetary sanctions instead, up to $250 for a first violation, $750 for a second, and $1,500 for a third or later violation. ### How many jurors sit on a California criminal jury? The standard is 12 jurors plus alternates, though a defendant can agree to proceed with a smaller number. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Branch: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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