Rule 14 Trial by Jury

When you go to trial for a criminal charge in South Carolina, you normally have the right to have your case decided by a jury of 12 people. This rule explains how that works and what can change it.

If something happens during the trial, like a juror getting sick or having to leave for a good reason, the trial doesn't automatically have to stop. Both sides can agree ahead of time, in writing, that the trial can continue with fewer than 12 jurors, or that a smaller jury can still reach a valid verdict. The judge has to approve this agreement.

If you don't want a jury trial at all, you can ask for a judge to decide your case instead. But both the judge and the prosecutor (called the solicitor) have to agree to let you skip the jury. You can't just decide on your own to give up this right.

Finally, the rule makes clear that the judge is responsible for protecting your right to a jury trial throughout the case. This right comes from both the state and federal constitutions, so the judge has to watch out for it and make sure it isn't taken away or ignored without your agreement.