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7.12 Resumption of Deliberations After Alternate Juror Is Added

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

7.12 Resumption of Deliberations After Alternate Juror Is Added is a legal process that takes place after a jury member has been replaced. This process is governed by Rule 7.12 of the Federal Rules of Evidence and involves the replacement juror participating in the deliberations with the rest of the jury. During this process, the new juror is informed of the case and allowed to ask any questions that he or she may have. The jury then resumes their deliberations, taking into account any new evidence or changes to the case that have occurred since the original jury member was replaced. There are two types of 7.12 Resumption of Deliberations After Alternate Juror Is Added. The first type is when the replacement juror is added to the jury before deliberations have begun and the second type is when the replacement juror is added after deliberations have already started.

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FAQ

Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternate jurors hear the evidence just as the other jurors do, but they don't participate in the deliberations unless they replace an original juror.

What Happens If a Jury Is Hung Twice? Generally, it is rare for a hung jury to occur, let alone occur twice for the same proceeding. Often, juries will report that they are deadlocked after only deliberating for a short period of time. If there is a hung jury, the judge may order the jurors to deliberate further.

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

When the jury decides a case they reach what is called a verdict. Verdict is a Latin word which means "to speak the truth." In order to reach a verdict in a case, all 12 jurors must agree; there is no majority rule.

In fact, they won't even know they are alternates. The judge won't reveal who the alternative jurors are until attorneys have finished making their cases.

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

In civil jury cases, there are no alternate jurors, and the jury is typically selected as follows. At the outset, 18 potential jurors are called and seated in the jury box and front courtroom bench in the order their names are drawn from the drum.

2.6. If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.

More info

12 (Resumption of Deliberations After Alternate Juror Added). When a juror has been discharged and replaced with an alternate juror.The law, and the attorneys complete their final arguments. Sec. 51-217a. Jurors excused from service. Option to be considered for service. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.

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7.12 Resumption of Deliberations After Alternate Juror Is Added