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7.11 Continuing Deliberations After Juror Is Discharged and Not Replaced.

Category:
Federal - Jury Instructions - 9th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-9THCIR-7-11-CR
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Rich Text
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
7.11 Continuing Deliberations After Juror Is Discharged and Not Replaced is a procedure in which a jury is allowed to continue its deliberations without replacing a juror who has been discharged. This is allowed in some jurisdictions when there are extenuating circumstances that prevent the court from replacing the discharged juror. There are two types of situations in which this procedure may be used: 1) when the discharged juror is replaced by an alternate and the remaining jurors continue deliberations, or 2) when no alternate is available and the remaining jurors continue deliberations. In both situations, the jury must reach their verdict with 11 jurors or fewer. This procedure helps to ensure that the rights of all parties involved are respected and that the jurors are not forced to make any hasty decisions.

7.11 Continuing Deliberations After Juror Is Discharged and Not Replaced is a procedure in which a jury is allowed to continue its deliberations without replacing a juror who has been discharged. This is allowed in some jurisdictions when there are extenuating circumstances that prevent the court from replacing the discharged juror. There are two types of situations in which this procedure may be used: 1) when the discharged juror is replaced by an alternate and the remaining jurors continue deliberations, or 2) when no alternate is available and the remaining jurors continue deliberations. In both situations, the jury must reach their verdict with 11 jurors or fewer. This procedure helps to ensure that the rights of all parties involved are respected and that the jurors are not forced to make any hasty decisions.

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FAQ

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.

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.

The alternates must be designated at the time of jury selection and must be chosen sequentially from the jury pool after the jurors are chosen.

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.

An alternate juror may replace a regular juror who is discharged following the return of a guilty verdict but before deliberations begin in a separate sentencing proceeding to determine aggravating factors.

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.

In the end, a long deliberation really just means the jurors are taking their time to go through the evidence and discuss their positions. This can end in either a guilty or not guilty verdict. A long jury deliberation could mean the jurors are at an impasse or a deadlock.

(b) In all criminal actions in which one or more defendants is to be tried for a capital offense, or enter a plea of guilty to a capital offense, the presiding judge shall provide for the selection of at least two alternate jurors, or more as he deems appropriate.

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You should continue your deliberations with the remaining jurors. Suppose a juror falls ill during the second day of deliberations following a twoweek trial and is unable to continue her service.When a juror has been discharged and replaced with an alternate juror. 11a Replacement Juror. If an alternate juror replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. It is still possible for you to be called on to replace one of the deliberating jurors. 7.11. Continuing Deliberations After Juror Is Discharged and Not Replaced. --. 7.12. Resumption of Deliberations After Alternate Juror is. Discharge of the jury following verdict. The survey provided the Commission with comprehensive information about the.

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