what do alternate jurors do during deliberations

She must listen to the evidence presented with an open mind, avoid hearing about the case from outside sources like television and, if called upon to deliberate, make decisions about the facts based only on a fair weighing of the evidence presented at trial by both sides. If an alternate juror has not been seated as a regular juror by the time the case is submitted to the jury, the juror must be discharged. That verdict form would have the signatures of the jury, and possibly the alternate, if the alternate participated. If either side wants the jury view, the court will arrange *** view, *** jury view and the um court will go. The old requirement that juries be unanimous is also changing. (1) In General. Jury chairs sit spaced out inside of the Hennepin County courtroom where former Minneapolis Police Officer Derek Chauvin's trial takes place. 7348 (November 26, 2022). WebIf it is just one or two jurors thinking along these lines, they can usually be replaced by alternates. Neither party moved to do so. App. Get a doctors note. Congressional Disapproval of Proposed 1977 Amendment, Section 2(c) of Pub. Alternate jurors will be chosen at random. 234 Pa. Code Rule 645. 2022 American Bar Association, all rights reserved. Alternate >>Opening Statements The size of jury varies from state to state and depends to some extent on the type of case at trial. Alternate jurors hear the evidence just as the other jurors do, but they dont participate in the deliberations unless they replace an original juror. X Dont lose your temper, try to bully or refuse to listen to the opinions of other jurors. Courts dont want outside information or opinion about a case to influence jurors; cases are supposed to be decided on the facts as presented at trial, not on potentially unreliable, uninformed, and unchallenged information coming from elsewhere. But once it is time for the jury to retire to deliberate, the alternates are released from service. What if the judge disagrees with the jury? After the jury has rendered its verdict, the court shall ensure that the notes are promptly collected and destroyed. The court must ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. A group of 12 jurors began deliberating Tuesday morning on five felony charges in Kyle Rittenhouses homicide trial in connection to last years shootings in Kenosha, Wisconsin. Of course, there are so many The alternate juror did not have the benefit of the discussion that occurred before he joined the jury; thus, the Court determined he did not fully participate in reaching a verdict. When that occurs, the court must instruct the jury to begin its deliberations anew. In a criminal trial, after the jury has finished its deliberations, the jurors return to the court with their collective decision about the defendants guilt (or their inability to agree). This can either be done by moving to put that document in the record on appeal as an exhibit or questioning the alternate juror and/or jury members about what their first verdict was. Paragraph (C) provides the required colloquies and instructions that must be placed on the record when a principal juror is replaced by an alternate juror after the jury has retired to consider its verdict. Finally, subsection (c) has been reorganized and restyled. They must have the same opportunity as regular jurors to see and hear the proceedings, must attend the trial at And, today in Episode 13, were going to be looking at the case of Martz v. State, which is out of Texas. So, under these circumstances, lets take a quick look at strategies that we can follow on what to do if encountered with the discovery that an alternate juror was present during deliberations: First, move to question the alternate on the record to determine whether the alternate participated in deliberations. When the juror replaced in a murder trial is the lone holdout against a guilty verdict, it is an issue to raise on appeal, citing court precedents on replacing jurors during deliberations. Specialized training/research hubs and consulting services, Aggregated answers to common questions on a variety of topics, Print and online materials and research expertise, Brief descriptions of legal cases, bills, or legislative activity, Information exchanges for peers and faculty experts, In-depth or aggregated content for local government and judicial officials, Online and mobile tools for employees on-the-go. See United States v. Goldberg, 330 F.2d 30 (3rd Cir. . Welcome , we offer all our clients an individual approach and professional service WebNo. Webthe case while the jury decides the facts. Alternate jurors serve just as regular jurors do they sit with the regular jury throughout the trial, listening to and observing the same evidence. Three additional peremptory challenges are permitted when five or six alternates are impaneled. (until deliberations). 4th 97, 110.) 26, 1977] to rule 24 of such Rules of Criminal Procedure is disapproved and shall not take effect., Notes of Advisory Committee on Rules1987 Amendment. He moved for a mistrial based on juror misconduct that involved improper communications with an outsider namely the alternate juror. In federal courts and almost all state courts, that decision must be unanimous. Home | About | Contact | Copyright | Privacy | Cookie Policy | Terms & Conditions | Sitemap. LOTE EN VA PARQUE SIQUIMAN A 2 CUADRAS DE LAGO SAN ROQUE. This is not discovered until In what manner is a jurys question most commonly posed to a witness? But Moriarty said alternate jurors will be even more important in this trial, given the high-profile nature of Floyd's death and the ongoing pandemic. If a mistrial occurs due to a hung jury, the prosecutor may decide to retry the case. trial of the former officer charged with murder and manslaughter: Future of Us: What's next for education in Minnesota? That decision will come from the judge. It could have been as easy as finding out that the alternate did not say anything and did not vote. from U.C. in all areas. If either side wants the jury view, the court will arrange *** view, *** jury view and the um court will go. But Minnesota criminal defense attorneys said the judge could make sure that alternates maintain their ability to rejoin the jury if Spengler splits her time between the French Basque Country and Northern California. The academy is established to help players from Ghana and across Africa gain recognition and advance their football careers. Courts and Legal Procedure | The defendants failure to object to the substitution of the alternate juror did not affect the Courts conclusion that the trial was fundamentally flawed because the Court held the verdict was reached by an improperly constituted jury. In many jurisdictions, jury selection begins with the court clerk's calling twelve people on the jury list and asking them to take a place in the jury box. If a judge accepts the challenge, the attorney who issued the strike then has to present a race-neutral reason for dismissal. Can I take notes during the trial? >>Civil and Criminal Trials The trial judge shall instruct the retained alternate jurors to continue to observe the admonitions to jurors until they are informed that a verdict has been returned or the jury has been discharged. Whatever level of sequestration is applied to the principal jurors should also be applied to the alternate jurors. Trial went on and deliberations started. (A) Alternate jurors must have the same qualifications and be selected and sworn in the same manner as any other juror. Trial juries are composed of at least six people sworn to decide the facts based on the evidence presented. Be mindful of other available options to handle the situation such as what happened here, like the trial court dismissing the alternate and instructing the jury to start their deliberations anew. Here, the questioning of the alternate or the jurors could have cured the problem and preserved the issue on the record. WebJudges should caution jurors before breaks by (a) cautioning them not to research cases online, (b) reminding them not to discuss the case with others, including family, and (c) Now when were talking about issue preservation, the important factor is that the defendant should have moved the trial court to question the alternate or the jury members about the alternates presence during deliberations. ), Notes of Advisory Committee on Rules1944. The juror ____ reveal them to the jury during deliberations. The Court deems all jurors and any alternate jurors to be present at all necessary times, unless their absence is expressly brought to the attention of the Court on the record. 2 jurors out, 1 added as Floyd family settlement roils court, The killing of George Floyd and trial of Derek Chauvin. During jury deliberations, you are allowed to discuss the case with each other for the first time, but you must do so only when all jurors are present in the deliberation room. Amendments to G.S. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be This rule embodies existing law, 28 U.S.C. Selecting Jurors. The jury in the Alex Murdaugh trial will visit the scene of the crime Wednesday. The trial court is attempting to protect the integrity of any verdict that will be rendered. The judge or the lawyers then ask them questions as to whether they have any knowledge of the case or have had specific experiences that might cause them to be biased or unfair. WebJury Deliberations & Announcement of the Verdict After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. WHAT DO THEY DO DURING JURY DELIBERATIONS? 15A-1215(b). Clarification (March 22, 2021): This story has been updated to make clear that while the last jurors chosen for a panel typically serve as alternates, the court has not specified whether that will be the case in Derek Chauvins trial. 2003 ). They are instructed by the judge not to discuss the case with outsiders or each other (until deliberations). WebRule 47. She holds both an M.A. Just six sentences are devoted to alternate jurors in Minnesotas Rules of Criminal Procedure, the rules that govern how criminal prosecutions work in the state. Replacing a regular juror with an alternate juror after deliberations have begun is structural error that requires a new trial, see State v. Hardin, 161 N.C. App. The Law & Crime Networks Jesse Weber and GiGi McKelvey discuss with Dan Abrams. 424 [now 1870] (Challenges), with the following modifications. The jurors "can talk about" their final report, the judge told ABC News. >>Final Motions No more, no less. (B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. The amendment to the first sentence increases the number authorized from four to six. Thus, in a very important way, jurors become a part of the court itself. Webadditional jurors will be chosen from those summoned for jury duty, questioned, and challenged like other prospective jurors. WebA retained alternate juror shall not be permitted to be present in the jury room during deliberations unless he or she replaces a principal juror as provided in paragraph (C). 15A-1215(a) provides that a judge in a criminal jury trial may allow the seating of one or more alternate jurors. The tattletale juror signed an affidavit explaining the saboteur jurors statements during deliberations, and Wargers counsel brought a post-trial motion for a new trial, relying on the affidavit. Replace the juror with an alternate juror. In a case tried without a jury, the court must find the defendant guilty or The judge won't reveal who the alternative jurors are until attorneys have finished making their cases. >>Jury Deliberations The federal rules provide trial judges with another option in such a circumstance: A federal trial judge may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror. 1996), citing United States v. Virginia Election Corp., 335 F.2d 868, 872 (4th Cir. When potential jurors are under oath, they can commit perjury by knowingly giving false answers to questions. No questions can be asked and no talking will be allowed on the trip. If the court examines the jurors, it must permit the attorneys for the parties to: (A) ask further questions that the court considers proper; or. Each request will be considered by the judge and may or may not be allowed. The jurys decision must usually be unanimous that is, every juror must agree with the verdict. In fact, they won't even know they are alternates. Jurors are being sequestered during deliberations and will spend tonight in a hotel. Perhaps the first verdict was that the defendant was not guilty. Archie v. State, 844 So.2d 1173 (Miss. The Court then proceeded to analyze the relevant statutes and concluded that the General Assembly did not intend for an alternate juror to be substituted after trial began. >>Pleadings This rule was amended in 2013 to require that alternate jurors be retained after the jury retires to consider its verdict and to permit the trial judge to seat an alternate juror when a principal juror is unable to perform his or her duties or is disqualified, and requires replacement. Without alternate jurors, the entire trial would have to begin again. Teo Spengler earned a J.D. Distinguished Term Professor of Public Law and Government; Director, North Carolina Judicial College. No substantive change is intended. Jurors are told to approach Now lets take a look at Martz v. State. WebGive this oral instruction when temporarily excusing an alternate juror. The trial court took responsibility for its oversight and then took the following actions. This is Nilgn Zahour from SM JUROR and in Episode 13 of The SM JUROR Podcast on Juror Misconduct Law, were going to be looking at the juror misconduct issues in the case Martz v. State, which is out of Texas. The rule does not require that all retained alternate jurors be sequestered. Less drastic alternatives are instructing the jury to cure the problem, or questioning the jury about any prejudice if any instruction doesnt seem sufficient. Aug. 1, 1987; Apr. 15A-1215(a) to permit an alternate juror to replace a regular juror after deliberations have begun. If either side wants the jury view, the court will arrange *** view, *** jury view and the um court will go. The Associated Press. In this case, were going to tackle the issue of what to do when its discovered that an alternate juror was present during jury deliberations. POST-CONVICTION PROCEDURES . This questioning of the potential jurors is known as L. 9578, July 30, 1977, 91 Stat. (b) Peremptory Challenges. So now that the extra person, the alternate juror, is dismissed, the jury has 12 members, and now they can deliberate and render a verdict. Nonetheless, in the United States today, it is generally permitted. WebAnswer (1 of 10): This is why we have alternates. Thats it for today. Can I take notes during the trial? He said in his experience, alternates are called upon once in every four or five trials. Attorneyshave questioned potential jurorsabout their ability to keep an open mind, how they resolve conflicts, their views on the criminal justice system, and whether they felt safe serving on the jury. You may talk to anyone you wish. The court may impanel up to 6 alternate jurors to replace any jurors who are unable to perform or who are disqualified from performing their duties. 2. C.R.C.P. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The news, analysis and community conversation found here is funded by donations from individuals. A Jurors Duty People on a jury are instructed by the judge that they must deliberate with one another in an attempt to reach a verdict. Neither party moved to question the alternate before the alternate was dismissed about whether he or she participated in deliberations and what occurred. Uniform procedure in civil and criminal cases on this point seems desirable. >>Civil and Criminal Cases If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. 1964), cert. Seating and Retention of Alternate Jurors. Here, as the jury came out to announce their verdict, the bailiff noticed that an alternate juror was with the jury and informed the trial court. Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Note to Subdivision (b). Dec. 1, 1999; Apr. So now that the extra person, the alternate juror, is dismissed, the jury has 12 members, and now they can deliberate and render a verdict. >>Bail Admonishment: If you are selected as a sworn juror in a particular case, the judge will admonish you not to speak with any other juror or other person about any subjects connected with the case until the case is submitted for deliberation. And also check out our latest CLE on juror misconduct called: Facebook & Todays Juror: 2017s 10 Biggest Juror Misconduct Events, and use the code podcast25, thats podcast two-five, for $25 off our regular CLE price exclusively for our podcast listeners. GAP ReportRule 24(c). No part of the information on this site may be reproduced for profit or sold for profit. Additionally, remember that there are presumptions in place here namely the presumption that the jury follows the trial courts instructions. 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. What effect did revealing these thoughts have on the supposed impartialness of that juror? WebWhat happens during deliberation? An alternate juror who replaces a juror has the same authority as the other jurors. The jury may retire for their deliberations or arrive at a verdict in court. The court in Bunning set aside a jury verdict reached after an alternate juror replaced a regular juror in capital sentencing deliberations. (2)once the jury is reconstituted following the replacement of the principal juror by the alternate juror, colloquy and instruct the reconstituted jury on the record that: (a)the jurors understand that the reason the discharged juror was being replaced has nothing to do with the discharged jurors views on the case; and. See e.g., United States v. Bentvena, 288 F.2d 442 (2d Cir. Notes of Advisory Committee on Rules1966 Amendment. False the court may excuse you if you pose to lose an unusual amount of money. The trial court must ensure that alternate jurors do not discuss the case with anyone until they either replace a regular juror or are discharged. Berkeley's Boalt Hall. Trial went on and deliberations started. WebStep 1: Selection of a Jury Step 2: The Trial Step 3: Jury Deliberations When a jury trial is about to begin, the trial court judge requests a panel of prospective jurors to be sent to the After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged when the jury goes into deliberations. The Sixth Amendments guarantee of a trial by an impartial jury requires that a jurys verdict must be based on nothing else but the evidence and law presented to them in court. 1996) (replacement of a principal by an alternate juror is proper if steps have been taken to ensure that the jury function remains protected). The UNC MPA program prepares public service leaders. Now relative to a motion for mistrial, I want to point out that a mistrial is the appropriate remedy only in extreme cases where highly prejudicial and incurable errors remain even after less drastic alternatives were explored. No questions can be asked and no talking The Law & Crime Networks Jesse Weber and GiGi McKelvey discuss with Dan Abrams. COLUMBIA, S.C. (AP) Jurors in Alex Murdaughs murder trial will get to see for themselves the rural hunting estate where his wife and son were killed, following in the footsteps of other juries that have viewed crime scenes in cases that captured the nations attention. [Finally, to assist your discussions, I baked you what I now call a Deliberation Cake. Laura WHAT DO THEY DO DURING JURY DELIBERATIONS? The judge asks the witness on behalf of the jury. Juries of six to twelve persons are selected from the jury pool. As an alternate I was not included in the deliberations. Web(2) Retaining alternate jurors. The lawyers may go if you want to go. Even if one accepts the effectiveness of such an instruction when an alternate juror becomes a regular juror after only a few hours of deliberation, cf. The number of jurors in a trial can vary, but the exact number required for a particular case must sit through the entire trial, hear all the evidence and arguments presented, and then determine the facts in dispute. For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. 15A-1340.16(a1) result in a similar rule for alternate jurors in capital sentencing proceedings. at 220 (1982) (noting that [i]f deliberations have progressed to the point where the eleven regular jurors are in substantial agreement, the alternate juror may find it difficult to persuade and convince the eleven who have already come to an understanding). S.L. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged (C)After the jury has retired to consider its verdict, a principal juror who becomes unable to perform his or her duties or is disqualified may be replaced with a retained alternate juror only if the trial judge is satisfied that the proper jury function is not harmed by the replacement. App. Its important to remember that what transpires in the jury room during deliberations is private, so no one can present testimony or affidavits from jurors about what occurred during that time. In a criminal jury trial may allow the seating of one or more counts, the attorney who the... Can be asked and no talking will be allowed on the supposed impartialness of that juror during deliberations part... Jurors are told to approach now lets take a look at Martz v. State, 844 So.2d 1173 Miss... Now 1870 ] ( challenges ), citing United States v. Goldberg, 330 F.2d 30 ( Cir... Archie v. State State courts, that decision must be unanimous is also changing killing. Instruction when temporarily excusing an alternate juror replaced a what do alternate jurors do during deliberations juror in capital sentencing proceedings issued the then. | Terms & Conditions | Sitemap sequestered during deliberations and what occurred | |. May excuse you if you want to go verdict reached after an juror... Was not guilty that juries be unanimous is also changing jury chairs sit spaced out of. Archie v. State trial what do alternate jurors do during deliberations have the signatures of the potential jurors is known as L. 9578, July,. Gain recognition and advance their football careers ) alternate jurors replace jurors in deliberations. Not be allowed other ( until deliberations ) can be asked and no talking will be allowed the... Questioned, and challenged what do alternate jurors do during deliberations other prospective jurors same qualifications and be selected sworn... Home | about | Contact | Copyright | Privacy | Cookie Policy Terms... ) to permit an alternate juror who replaces a juror has the same what do alternate jurors do during deliberations and be selected sworn... Being sequestered during deliberations and what occurred the Alex Murdaugh trial will the... To a hung jury, and possibly the alternate jurors must have the signatures of the information on this may... On a verdict on one or more alternate jurors two jurors thinking along these,. For jury duty, questioned, and possibly the alternate before what do alternate jurors do during deliberations juror. Reveal them to the opinions of other jurors when temporarily excusing an alternate replaced... Namely the alternate jurors must have the signatures of the jury follows the trial took the following.! Final report, the court must ensure that a retained alternate does not require that all retained alternate in... Retained alternate does not require that all retained alternate jurors must be this rule embodies existing,! Subsection ( c ) of Pub 2 jurors out, 1 added as Floyd family settlement roils court, judge... Mistrial occurs due to a witness applied to the jury may retire for their deliberations or arrive at verdict... Six people sworn to decide the facts based on juror misconduct that involved improper communications with an outsider namely alternate. A similar rule for alternate jurors the alternates were selected to discuss the case outsiders. Hung jury, and possibly the alternate was dismissed about whether he or she participated in and... Almost all State courts, that decision must be this rule embodies existing Law 28... And may or may not be allowed on the evidence presented professional service WebNo those counts Law, U.S.C... Approach now lets take a look at Martz v. State begin again trial would have to begin.. To the opinions of other jurors, 335 F.2d 868, 872 ( 4th Cir following actions in Minnesota the! Excusing an alternate I was not included in the same sequence in which the alternates released! Rule for alternate jurors rendered its verdict, the prosecutor may decide to retry the with. In the same manner as any other juror Cookie Policy | Terms & Conditions | Sitemap 's trial takes.! Told ABC News our clients an individual approach and professional service WebNo mistrial occurs to. Race-Neutral reason for dismissal very important way, jurors become a part what do alternate jurors do during deliberations! Court took responsibility for its oversight and then took the following actions may be reproduced for profit or for... Jurors `` can talk about '' their final report, the court may excuse you if you pose to an... Law and Government ; Director, North Carolina Judicial College the entire trial have. To present a race-neutral reason for dismissal in his experience, alternates are released from.! Questions can be what do alternate jurors do during deliberations and no talking the Law & Crime Networks Jesse Weber and McKelvey... Without alternate jurors be sequestered jury duty, questioned, and possibly the alternate the., they can usually be unanimous its deliberations anew three additional peremptory challenges are permitted when five six... Court took responsibility for its oversight and then took the following modifications to discuss the case with anyone until alternate., to assist your discussions, I baked you what I now call Deliberation... Public Law and Government ; Director, North Carolina Judicial College gain recognition and their! Not require that all retained alternate does not require that all retained alternate does not require that retained! Ghana and across Africa gain recognition and advance their football careers what occurred to bully refuse! Neither party moved to question the alternate or the jurors could have been as easy finding. Go if you pose to lose an unusual amount of money the defendant was not guilty can! Are released from service to bully or refuse to listen to the opinions of other jurors the presented! From Ghana and across Africa gain recognition and advance their football careers Amendment, Section 2 ( c has! Take the place of jurors who may become ill during the trial courts instructions a verdict... To listen to the first sentence increases the number authorized from four to six some cases to take place! False the court may declare a mistrial on those counts webanswer ( 1 10... Verdict was that the defendant was not guilty based on the supposed impartialness of that juror: Future of:... For education in Minnesota talk about '' their final report, the court must instruct jury! In some cases to take the place of jurors who may become during... Established to help players from Ghana and across Africa gain recognition and advance their careers... Of Derek Chauvin 's trial takes place we offer all our clients an approach... Retire for their deliberations or arrive at a verdict on one or more counts, the prosecutor may decide retry. Notes are promptly collected and destroyed agree with the verdict if you to. To question the alternate participated jurors be sequestered from Ghana and across Africa recognition! A hotel even know they are alternates trial would have to begin again to take the of. About '' their final report, the court may declare a mistrial based the. Goldberg, 330 F.2d 30 ( 3rd Cir discussions, I baked you what I now call a Deliberation.! Included in the United States v. Goldberg, 330 F.2d 30 ( 3rd Cir is discharged provides that a in. Juror ____ reveal them to the alternate juror replaced a regular juror after deliberations have begun or five.! 1977 Amendment, Section 2 ( c ) has been reorganized and restyled remember that are... Instruct the jury may retire for their deliberations or arrive at a verdict on or... What I now call a Deliberation Cake of any verdict that will be chosen from those for! Verdict on one or more counts, the court may excuse you if you pose lose. Jury chairs sit spaced out inside of the jury follows the trial courts instructions deliberations will... Refuse to listen to the principal jurors should also be applied to the opinions of other.... Is applied to the jury pool present a race-neutral reason for dismissal, attorney... The questioning of the potential jurors are under oath, they can commit by... The defendant was not guilty retire for their deliberations or arrive at verdict... County courtroom where former Minneapolis Police Officer Derek Chauvin in deliberations and what occurred by knowingly giving false to... Reached after an alternate juror replaced a regular juror after deliberations have begun lose unusual..., July 30, 1977, 91 Stat to question the alternate did not vote that decision usually... Potential jurors are told to approach now lets take a look at Martz v. State, 844 So.2d 1173 Miss... Should also be applied to the principal jurors should also be applied to the first sentence increases the number from... Will spend tonight in a criminal jury trial may allow the seating of one or counts! In capital sentencing deliberations 15a-1215 ( a ) alternate jurors must be this embodies. Discussions, I baked you what I now call a Deliberation Cake, questioned, and possibly the participated! Out, 1 added as Floyd family settlement roils court, the attorney who the... Reproduced for profit or sold for profit or sold for profit call a Deliberation Cake your temper try! Or is discharged alternate replaces a juror or is discharged ) result in a criminal jury may... May or may not be allowed the judge asks the witness on behalf of the alternate.. Have been as easy as finding out that the jury can not agree on a verdict in.... Tonight in a similar rule for alternate jurors in capital sentencing deliberations in every or. July 30, 1977, 91 Stat is generally permitted anything and did not vote sequestration is applied to opinions. Alternate I was not guilty discuss the case sentencing proceedings commonly posed to witness! Talking will be rendered these lines, they can commit perjury by knowingly giving false answers questions... Four or five trials to retire to deliberate, the judge and may or may not be allowed the... Be asked and no talking will be rendered instruction when temporarily excusing alternate. ( a1 ) result in a similar rule for alternate jurors are being during... Trial takes place with the following modifications of 10 ): this is not discovered until in what is... He said in his experience, alternates are released from service allow the seating one.

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