amendment-iv•Constitution of Connecticut (2025 publisher edition) — Amendment IV
Constitution of Connecticut (2025 publisher edition) — Amendment IV
amendment-ivConnecticut Const. Amendment IVConstitution
Publisher edition notice: The publisher identifies this compilation as revised to January 1, 2025. It preserves the annotated original 1965 text and all ratified amendments, alongside the Revisors' unofficial convenience version incorporating extant amendments. The latter does not supersede the original Constitution and amendments; later changes have not been independently verified.
Amendment IV Ratified amendment and publisher annotations.
ARTICLE IV.* *Certified as adopted December 22, 1972. (See Ponsor et al v. Schaffer. Hartford Superior Court Docket No. 179114.) An act enlarging justice’s jurisdiction does not impair the right of trial by jury. 4 C. 538; 25 C. 286. A provision in a city charter, that the jury should be taken from the freemen of the city, is not repugnant to this clause. 12 C. 252. A stat- ute exempting military officers from suits at law for imposing fines is not in violation of this clause. 14 C. 205. This provision does not prevent the legislature from authorizing courts to grant nonsuits. 24 C. 478. The act allowing justices to adjudge the forfeiture of liquors illegally kept, is no impairment of jury trial. 25 C. 286. The act prohibiting appeal from judgment for limited sum is constitutional. 34 C. 54; 38 C. 240. What reasonable conditions are no infringement of right to jury trial. 34 C. 54. The act providing for court trial of probate appeals is constitutional. 35 C. 455. An act pro- viding for the seizure of boat illegally taking oysters was held unconstitutional, since it gave no right of appeal. 37 C. 323. An act which allowed the accused to select court or jury trial was held not opposed to public policy and was consti- tutional. 46 C. 363, 367. The law authorizing a decree of ejectment on foreclosure does not infringe the right of jury trial. Id., 526. An issue of fact raised by the return to an alternative mandamus is to be tried by the court; such having been the practice prior to the adoption of the constitution. 47 C. 341, 343. The jury law is not in conflict with this provision. 48 C. 546, 547; 72 C. 98. Section not applicable to proceedings for revocation of liquor licenses. 49 C. 599–607. No right exists to trial by jury before county commissioners. 50 C. 324. A law declaring that the determination of a judge of the superior court shall be conclusive in contested election cases, is constitutional. 51 C. 125–128. The office of mayor is not recognized by the constitution. Id., 125. The charter of New Haven is not unconstitutional as denying right of jury trial in city court on charge of drunkenness. Id., 422. Practice of assessing damages by court after default in tort held consti- tutional, inasmuch as such practice was established before the adoption of the constitution. 53 C. 2. Section de proceed- ings for setting aside designation of natural oyster beds, does not violate. 56 C. 519. An act requiring one on trial to disclose where he secured liquor was held constitutional. 59 C. 591. The statute providing for a jury of six only, in summary process, is valid. 66 C. 438. The law de quieting title to land does not prohibit a jury trial in cases involving purely legal claims. 68 C. 286. Cited. 72 C. 98. Reasonable modifications of procedure do not violate; proof of will out of court; 74 C. 260; requirement that case be claimed for jury in certain time. 75 C. 611; see 69 C. 131. Setting aside verdict does not violate; 74 C. 71; 75 C. 678; 76 C. 496; 81 C. 624; 86 C. 225; if discretion is properly exercised; 91 C. 460; or setting it aside unless part of judgment be remitted. 78 C. 299; 86 C. 322. On setting aside verdict, supreme court cannot direct opposite verdict. 81 C. 579. Jury must take law from judge. 75 C. 218. Judge may state facts to jury which as reasonable men they must find; 81 C. 347; or direct verdict. 81 C. 578; 91 C. 442. Historical review of trial by jury in Connecticut. 75 C. 219. Requirement, under guise of condemnation proceedings, that past damages for trespass be de- termined by commission would violate. 76 C. 443. Provision does not apply to equitable actions; 79 C. 262; 131 C. 312; but adding claim for injunction in trespass action will not prevent jury trial of issues of title, possession and damages; 85 C. 161; if, however, equitable issues first tried are conclusive, jury may be refused. 73 C. 486. Rules governing right to jury trial where case involves claim both for damages and for equitable relief. 130 C. 206. Section does not concern in- cidental issues of fact involved in equitable issues. 113 C. 608. Statute forbidding keeping house reputed to be house of ill-fame does not violate. 82 C. 112; 83 C. 56; Id., 551. Issues upon equitable claims arising in action to remove cloud from title are for jury. 78 C. 100. Does not include proceedings by mayor to remove municipal officer; 81 C. 585; nor right in action for specific performance; judge may order. 82 C. 293. See as to equity actions. 81 C. 451; 83 C. 110. Right does not extend to appeals from probate. 90 C. 49. Preserves and perpetuates fundamental law; legislature may create new offenses and deny right of trial by jury; admission of certified copies of chemists’ analysis of liquor held not uncon- stitutional. 103 C. 514, 515. Cited. 116 C. 477; 126 C. 606. Right to jury trial may be waived. 127 C. 336. No party has a constitutional right to a trial by jury of any action not so triable in 1818, when the constitution was adopted. 135 C. 294. Cited. 137 C. 18. Right to jury trial includes right to have jury, rather than court, pass upon factual issue of damages, when there is room for a reasonable difference of opinion among fair-minded men as to amount which should be awarded. 138 C. 625. Cited. 143 C. 159. Guarantees as a political right the institution of jury trial in all its essential features as derived from our ancestors and now existing by force of common law, but this right may be subjected to conditions and regulations of procedure for the better promotion of justice and the public welfare so long as the substance of the right is not adversely affected or the exercise of the right is not prevented. 144 C. 228. Whether party has waived his right to a jury trial presents a question of fact for the trial court. 147 C. 153. Cited. 156 C. 323; 160 C. 219. Jury to decide issues of fact, when. 163 C. 191. Cited. 169 C. 1. Right of trial by jury not subverted by no-fault insurance law. Id., 267, 298. Cited. 170 C. 356; Id., 367. Connecticut Constitution, while granting that right of trial by jury shall remain inviolate, states that the number of such jurors, which shall not be less than six, is to be established by law. 171 C. 395. Time limitation imposed for voir dire was arbitrary and constituted reversible error. 173 C. 102. Cited. 177 C. 677. Sec. 51-217 implements right to trial by jury and does not unconstitutionally encroach upon judicial power. 180 C. 382. No party has right to trial by jury in an equitable action; a dissolution of marriage, although a creature of statute is an equi- table action. 181 C. 225. Cited. 183 C. 207. Sec. 52-216a held unconstitutional as violating this article in permitting trial court to interfere with fact-finding function of jury. 186 C. 337. Right to trial by jury cited. 187 C. 264, 270, 469. Cited. -- 47 of 129 -- 190 AMENDMENTS TO THE Art. IV CONSTITUTION OF THE STATE OF CONNECTICUT 188 C. 432; 189 C. 550; 190 C. 639; 191 C. 276. Integrity of constitutional right to a jury determination of damages discussed. 193 C. 582. Cited. 194 C. 223. Right to trial by jury cited. Id. Cited. Id., 573. Right to jury trial cited. Id. Cited. 196 C. 53. Constitutional right to trial by jury cited. Id. Cited. Id., 667; 197 C. 34; Id., 314; Id., 337. Right to trial by jury cited. Id. Cited. Id., 358. Right to jury trial cited. Id.; 199 C. 308. Cited. 200 C. 586; Id., 615; 201 C. 125; Id., 385; Id., 489. Right to trial by jury cited. Id. Cited. 202 C. 158; 203 C. 63. Right to jury trial cited. Id. “... trial court’s refusal to allow defense counsel to inquire whether the jurors would be inclined to give more weight to a police officer’s testimony ...” constituted reversible error. Id., 506. Constitutional right to question members of the venire cited. Id. Violation of constitutional right to conduct voir dire examination cited. 204 C. 156. Cited. Id., 377; 205 C. 61; Id., 456. Right to trial by jury cited. Id. Cited. 206 C. 454. Right to a jury trial cited. Id. Sec. 14-295 violates right to trial by jury. Id., 608. Amount of damage award is matter peculiarly within the province of the jury. 207 C. 125. Right to trial by jury cited. Id.; Id., 276. Constitutional right of trial by jury including right to have issues of fact determined by jury. 208 C. 21. Cited. Id., 52. Right to voir dire cited. Id. Cited 209 C. 34. Right to a unanimous jury verdict cited. Id. Right to a jury trial cited. Id., 450; Id., 579. State constitutional rights cited. Id., 679. Right to a jury trial cited. 210 C. 359. Cited. 211 C. 370. Right to a jury trial cited. Id.; 212 C. 31. Cited. Id., 83. Right to a jury trial cited. Id. “... all arbitration actions pursuant to Lemon Law II are essentially equitable ...”; therefore claim to entitlement to jury trial held to be without merit. 213 C. 138. Right to jury trial cited. Id., 233; 214 C. 717. Cited. 216 C. 40. Right to trial by jury cited. Id.; 217 C. 1. Right of trial by jury does not encompass the corresponding right that all court rules, procedures and methods current in 1818 would remain unchanged. Id., 532. Right to trial by jury cited. Id. Cited. Id., 671. Right to trial by impartial jury cited. Id. Cited. 218 C. 309. Parties to trial have constitutional right to be present during voir dire of prospective jurors; right to trial by jury encompasses that right. Id., 386. Right to be present for jury voir dire cited. Id. Cited. Id., 646; 220 C. 112; Id., 285. Fair cross section requirement cited; unconstitutional jury selection and discrimination cited; right to jury trial cited. Id., 487. Cited. 221 C. 346. Right of jury trial cited. Id. Right to factual issues resolved by jury cited. Id., 473. Cited. 222 C. 1. Deprivation of constitutional rights cited. Id. Right to a jury trial cited. Id., 591. Cited. 223 C. 299; Id., 786. Constitutional right to jury determination of amount of punitive damages cited. Id. Constitutional right to a jury cited. 224 C. 372. Constitutional rights to have issues of fact determined by a jury cited. Id.; 225 C. 420. Where there is no issue of fact, there is no right to jury trial; judgment of appellate court in 26 CA 181 reversed in part. Id., 807. Right to jury trial cited. Id. Cited. 226 C. 618. Right to jury trial cited. Id. Cited. 227 C. 175. Right to jury trial cited. Id. Cited. Id., 301. Right to an impartial jury cited. Id. Requirement of unanimous verdict part of constitutional safeguard of trial by jury; judgment of appellate court in 29 CA 68 reversed. Id., 566. Constitutional safeguard of trial by jury cited. Id. Right of trial by jury cited. Id., 677. Cited. Id., 711. Right to jury drawn from fair cross section of community cited. Id. Cited. Id., 829. Right to a jury trial cited. Id. Unconstitutionality under state constitution cited. Id. Right to jury cited. Id., 903. Cited. 229 C. 634. Right to a jury trial cited. Id. Article does not give rise to right to jury trial for claims under Connecticut Unfair Trade Practices Act (CUPTA). 230 C. 144. Right to jury trial cited. Id. Cited. Id., 183. Defendant can waive right to presence of judge during voir dire; henceforth judge must be continuously present to oversee voir dire in a criminal case. Id., 385, see also 37 CA 801. Presence of judge at criminal jury trial voir dire cited. Id. Right to jury trial cited. Id., 698. Cited. 231 C. 242; 232 C. 431; judgment superseded by en banc reconsideration, see 235 C. 502. Right to jury trial cited. Id.; Id., 455. Cited. Id., 480; Id., 691. Right to jury trial cited. Id. Taking of notes by jurors discussed. 233 C. 215. Questioning during voir dire about note-taking cited. Id. Cited. Id., 813. Right to jury trial cited. Id. Cited. 234 C. 660; 235 C. 107; Id., 502. Right to fair and impartial jury trial cited. Id. Right to jury trial cited. Id., 679; 236 C. 582. Cited. 237 C. 238. Voir dire of venire persons individually cited. Id. Right to trial by jury cited. Id., 378. Cited. Id., 454. Right to individual voir dire cited. Id. Right to trial by jury cited. Id., 633. Cited. 238 C. 389. Right to fair and im- partial jury cited. Id. Rights to jury trial cited. 239 C. 144. Right to have factual issues resolved by jury cited. Id., 168. Right to jury trial cited. 240 C. 799; 241 C. 24. Cited. Id., 439. Right to jury determination of essential element cited; failure to instruct jury on essential element cited. Id. Cited. Id., 322. Right under Connecticut Constitution that jury unanimously agree on liability as principal or accessory cited. Id. Cited. Id., 502. Right to a jury trial cited. 242 C. 666; Id., 296. Prelitigation commercial contractual jury trial waiver is presumptively enforceable, and party seeking to avoid waiver has burden of producing evidence that it did not intend to waive right to a jury trial. 246 C. 1. Identification and excusal for cause, prior to the guilt phase of a capital felony trial, of venire persons whose views concerning death pen- alty preclude them from serving as jurors at sentencing phase, but not at guilt phase, of trial does not violate state con- stitutional guarantee of trial by an impartial jury. 251 C. 671. Trial court’s denial of defendant’s challenges for cause to four venire persons did not improperly force him to use four peremptory challenges in violation of his right to trial by a fair and impartial jury since defendant did not exercise all of his peremptory challenges and did not seek any additional challenges. 256 C. 23. In determining whether a party has right to trial by jury under state constitution court must ascer- tain whether action being tried has roots in common law, and if so, whether the remedy involved was one in law or equity. If action existed at common law and involved a legal remedy, right to jury trial exists. Art. I, Sec. 19 guarantees right to jury trial in all cases for which a such a right existed at the time of the adoption of constitutional provision in 1818 or for cases that are substantially similar to cases for which right to jury trial existed at common law in 1818. 262 C. 45. Inverse condemnation action has no common law analogue that was triable to a jury prior to 1818, its nearest historical analogue, eminent domain, gives rise to a proceeding in equity, therefore there is no right to jury trial for cause of action based on inverse condemnation. Id. Defendant does not have a right to ascertain juror’s opinion on specific evidence in advance of trial and cannot question venire persons about specific mitigating factors. 269 C. 213. Where defendant has history of mental illness and required treatment to become competent for trial, standard for waiver of constitutional rights is appli- cable to all defendants found competent for trial. 271 C. 740. A defendant’s right to jury trial does not include right to bar plaintiff from receiving benefit of any pretrial settlement amounts that plaintiff has negotiated with other alleged tortfeasors. 284 C. 645. A defendant personally must waive the fundamental right to a jury trial; counsel may not make that decision as a matter of trial strategy. In the absence of a written waiver, trial court must canvass defendant to ensure that any waiver is knowing, intelligent and voluntary. 288 C. 770. Trial court did not abuse its discretion in denying motion for disclosure, where plaintiff’s law firm had been involved in prior debt collection actions against three jurors, because trial court properly found that the only attorneys in the prior actions with whom the jurors had a business -- 48 of 129 -- Art. IV AMENDMENTS TO THE 191 CONSTITUTION OF THE STATE OF CONNECTICUT relationship were the attorneys the jurors had hired to represent their own interests. 289 C. 88. Trial court did not abuse its discretion by precluding defense counsel from asking venirepersons specifically about self-defense. 292 C. 656. Trial court did not abuse its discretion in restricting questions about specific defenses during voir dire of potential jurors. Id. Plaintiff had no right to a jury trial on issues raised in connection with enforcement of settlement agreement. 298 C. 495. Defendant’s decision to forgo a jury determination in capital felony sentencing proceeding and opt for sentencing by a three-judge panel was knowing, voluntary and intelligent; formulaic canvass of defendant is not required and validity of jury waiver is determined by examination of totality of the circumstances. 303 C. 71. A prosecutor’s exercise of a pe- remptory challenge on the basis of a venire person’s negative perceptions or distrust of law enforcement or the criminal justice system did not constitute an impermissible, race based reason under the Connecticut constitution. 342 C. 489. Cited. 1 CA 511. Constitutional right of trial by jury cited. 2 CA 523. Setting aside of jury verdict discussed. Id. Right to trial by jury cited. 3 CA 374. Right to jury trial cited; right to unanimous verdict cited. Id., 650. Cited. 4 CA 592. Jury trial cited. 5 CA 434. Held jury award of damages inadequate as a matter of law. 6 CA 322. Right to jury trial cited. Id. Cited. 8 CA 317. Right to fair trial cited. Id. Right to a jury trial cited. Id., 491. Cited. Id., 542; Id., 642. Right to trial by jury guaranteed by Connecticut Constitution. Id. Cited. 9 CA 255. Constitutional right to trial by jury cited. Id., 524. Clarification of instructions is mandatory when any member of jury manifests confusion about the law; constitutionally protected right to properly instructed jury cited. 10 CA 697. Constitutional right to unanimous jury verdict cited. 11 CA 80; Id., 102. Constitutional right in appropriate cases to have issues of fact decided by a jury cited. Id., 232. Constitutional right to have disputed issues heard by a jury cited. Id., 434. Right to jury trial cited. 12 CA 239. Trial by jury cited. Id., 258. Constitutional right to jury trial cited. Id., 408. Cited. 13 CA 189. Right to jury trial cited. Id.; Id., 378; Id., 667; 14 CA 10; Id., 159; Id., 289. Cited. 15 CA 297. Right to jury trial cited. Id.; 16 CA 318. Cited. Id., 333. Constitutional right to exercise intelligently right to challenge jurors cited. Id. Right to jury trial cited. Id., 601; 17 CA 466; 18 CA 602. Constitutional right to issues decided by jury cited. 19 CA 22. Right to jury trial cited. Id., 379. Cited. 20 CA 6. Right to jury trial cited. Id., 410. Party has right to be present during jury selection in civil case. 22 CA 131. Cited. Id., 351. Right to jury trial cited. Id., 440; 23 CA 1. Constitutional right to have issues of fact decided by a jury cited. Id., 437. Constitu- tional right of trial by jury cited. Id., 735. Right to have jury decide issues of fact cited. 24 CA 489. Cited. 25 CA 171. Impermissible restriction of voir dire cited. 26 CA 52. Because of result reached in case court found it unnecessary to determine whether recordation is a constitutional right because it is fundamental to constitutional right of voir dire. Id., 125. Right to voir dire cited. Id. Cited. Id., 165. Right to a jury trial cited. Id., 181; judgment reversed in part, see 225 C. 804. Right of trial by jury and rights to have issues of fact resolved by jury cited. 27 CA 135. Constitutional rights to have issues of fact resolved by a jury cited. Id., 487. Cited. Id., 643. Deprivation of fair trial by an impartial jury cited. Id. Cited. 28 CA 126. Right to trial by jury cited. Id. Cited. Id., 693. State constitutional right to jury trial cited. Id. Right to a jury trial cited. 29 CA 359; Id., 452; Id., 642. Right to a jury trial and right to have factual issues resolved by jury cited. 30 CA 327. Cited. Id., 359; Id., 470. Right to jury trial cited. 31 CA 178. Judge’s absence from voir dire in criminal proceeding cannot be waived or subject to harmless error or prejudicial review. Id., 278. Individual juror possesses right not to be excluded from jury on account of race. Id. Right to voir dire examination of prospective jurors cited. Id. Right to jury trial cited. Id.; 32 CA 21; Id., 831. Right to jury trial and a fair trial cited. 33 CA 205. Right to fair and impartial jury cited. Id., 339; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502. Cited. 34 CA 58; judgment reversed, see 232 C. 537. Constitutional right to jury trial and a fair trial cited. Id. Cited. Id., 103. Right to jury trial cited. Id.; Id., 595. Cited. 35 CA 160; Id., 212. Right to trial by jury cited. Id., 541; Id., 714. Denial of right to a jury trial cited. Id., 728. Right to have jury decide issues of fact cited. 36 CA 1. Cited. Id., 631; Id., 753. Constitutional right to have jury decide issues cited. 37 CA 146. Cited. Id., 321. Right to have trial judge present during jury voir dire cited. Id., 509. Cited. 38 CA 198. Right to trial by jury cited. Id. Cited. Id., 231. Constitutional right to preemptory challenges cited. Id. Right to trial by jury cited. Id., 546. Cited. Id., 598; Id., 661. Right to trial by jury cited. Id. Cited. Id., 685. Right to trial by jury cited. Id. Cited. Id., 684. Right to jury trial cited. Id.; 39 CA 702. Cited. 40 CA 328; 41 CA 19. Right to jury trial cited. Id., 47; Id., 454; Id., 695. Right to have issues of fact determined by a jury cited. 42 CA 712. Cited. Id., 542; 43 CA 113. Right to jury trial cited. Id.; Id., 142; Id., 294. Constitutional rights to have factual issues determined by the jury cited. Id., 453. Right to a jury trial cited; right to core constitutional rights cited. Id., 555. Right to have issues of fact determined by a jury cited, Id., 756. Cited. 44 CA 187. Fundamental right to a jury trial cited. Id. Constitutional right to trial by jury and to have issues of fact determined by jury cited. Id., 211. Cited. 45 CA 165. Right to trial before impar- tial jury cited. Id. Right to jury trial cited. 46 CA 24. Cited. Id., 432. Trial by jury and waiver cited. Id. Right to a jury trial cited. Id., 443. Right to a jury trial cited; lack of waiver of jury trial cited. Id., 486. Cited. Id., 600. Right to question each juror individually cited. Id. Voir dire rights discussed. 47 CA 597. Trial court did not improperly impede the defendant’s ability to question prospective jurors or prevent defendant from effectively exercising peremptory challenges. 49 CA 486. Litigants have constitutional right to have issues of fact determined by jury; assessment of damages is peculiarly within province of jury and their determination should be set aside only when verdict is plainly excessive and exorbitant. 57 CA 778. Appellate court rejected defendant’s claim that trial court violated his rights under Art. I, Secs. 8, 19 and 20 of the Connecticut Constitution when it improperly allowed the state to exercise a peremptory challenge against prospective juror, who was a member of defendant’s racial group, without a racially neutral explanation reasonably related to the is- sues in the case. Appellate court found that evidence supported prosecutor’s reasons for striking the prospective juror and defendant failed to establish that the state gave a pretextual reason for excusing the prospective juror. 62 CA 182. Section guarantees right to jury trial in all cases for which such right existed at time of adoption of that provision in 1818 or in substantially similar cases. 76 CA 24. Foreclosure action is equitable in nature and therefore does not give rise to right to a jury trial. 95 CA 315. In a case concerning a male on male, or female on female, sexual assault, relevant questions to venirepersons that delve into prejudices, beliefs and attitudes toward homosexuality should be permitted, but questions relating to the issue of struggling with sexual identity are not permitted as such questions are unrelated to the issues in the case, are not based on undisputed facts and would test the prospective jurors’ views of certain facts. 112 CA 694. Litigants have a constitutional right to have issues of fact decided by the jury and not by the court, and in this case, there was an issue of material fact and therefore the court improperly directed a verdict. 115 CA 47. Trial court’s denial of request by plaintiff to poll jury re exposure to potentially inflammatory article concerning case constituted an abuse of discretion -- 49 of 129 -- 192 AMENDMENTS TO THE Art. VI CONSTITUTION OF THE STATE OF CONNECTICUT that, at a minimum, jeopardized plaintiff’s constitutional right to an impartial jury. 128 CA 341; judgment reversed, see 309 C. 688. Defendant’s right to trial by jury was not violated when jury was instructed that it must unanimously find defendant not guilty of the greater offense before deliberating on a lesser included offense. 131 CA 1. Right to a jury trial is subject to certain limitations, and plaintiff did not have constitutional right to jury trial in summary process action, as set forth in Sec. 52-215. 135 CA 831. Plaintiff’s claim was equitable in nature, and therefore not entitled to a jury trial, but defendants independently were entitled to have a jury decide the issues founded in tort that were presented in their counterclaim. 136 CA 347. Court’s decision to excuse a selected juror without first notifying defendant or counsel did not violate right to individual voir dire. 168 CA 321. Plaintiff does not have a constitutional right to a jury trial on the ground that a negligence action seeking monetary damages against the state was not the same or similar in nature to an action that could have been tried to a jury in 1818 because the doctrine of sovereign immunity barred actions against the state prior to adoption of the state constitution in 1818. 182 CA 278. Cited. 5 CS 506. Permissible to transfer a case from small claims court to municipal court and then to common pleas to obtain jury trial. 11 CS 106. “The right to question each juror individually by counsel shall remain inviolate” does not contain the right to question each juror outside the presence of the other prospective jurors. 33 CS 599. Right of trial by jury may be subjected to reasonable conditions and regulations, even if right is cut off completely in some cases where monetary interests are relatively small. 35 CS 549. Court has duty to set aside jury verdict, despite right to trial by jury including issues of fact to be decided by jury, where verdict was manifest injustice and palpably against evidence. 37 CS 1. Right to trial by jury not extended to cases falling into category of petty offenses not triable by jury at common law. Id., 693. Waiver of right to trial by jury under chapter 960a considered voluntary where issue not raised in trial court. Id., 755. Use of preemptory challenges to exclude prospective jurors solely on basis of membership in a cognizable group within meaning of the repre- sentative cross section rule violates a party’s state constitutional right to trial by jury. 41 CS 48. Violation of constitutional rights cited; right to trial by jury cited. Id. Cited. 42 CS 534. Impartial jury drawn from cross section of community cited. Id. Cited. 2 Conn. Cir. Ct. 202. Jury trial criteria (Sec. 51-266) not a violation. 4 Conn. Cir. Ct. 493. (Trial by jury. Challenging of jurors.) Section 19 of article first of the Constitution is amended to read as follows: The right of trial by jury shall remain inviolate, the number of such jurors, which shall not be less than six, to be established by law; but no person shall, for a capital offense, be tried by a jury of less than twelve jurors without his consent. In all civil and criminal actions tried by a jury, the parties shall have the right to challenge jurors peremptorily, the number of such challenges to be established by law. The right to question each juror individually by counsel shall be inviolate.
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