What Is An Alternate Juror?

What Is An Alternate Juror?

Alternate jurors are sworn and seated near regular jurors. They must have the same opportunity as regular jurors to see and hear the proceedings, must attend the trial at all times, must follow all the orders and admonitions of the trial judge, and must be kept with the jury whenever the jury is ordered kept together.Aug 5, 2021

What is alternate juror mean?

a juror who is selected in the same manner as a regular juror and hears the evidence in a case along with the regular jurors, but does not help decide the case unless called upon to replace a regular juror. Source: Federal Judicial Center.

How do alternate jurors work?

An alternate juror is a person selected in the same manner all other jurors are selected. The alternate juror also sits in a court and listens to the proceedings of a case. … An alternate juror can function as a jury member until the jury receives the case and goes for deliberation.

Who are alternate jurors and why are they selected?

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 is an alternate juror and why are they important to the trial process?

Alternate jurors will step in if a juror can’t continue in the trial for reasons such as illness, a family emergency, or further exposure to information on Floyd’s death that would taint their decision.

How many alternate jurors are there in California?

Jury selection

During this process, the parties attempt to find twelve jurors (and sometimes alternate jurors) 10 on which they agree. An important part of jury selection involves asking the court to dismiss certain candidates.

How can I avoid being picked for jury duty?

Ahead, check out the best ways to legally get out of jury duty.
  1. Get a doctor’s note. A medical condition could work for getting out of jury duty. …
  2. Postpone your selection. …
  3. Use school as an excuse. …
  4. Plead hardship. …
  5. Admit that you can’t be fair. …
  6. Prove you served recently. …
  7. Show your stubborn side. …
  8. Date a convict.

Do alternate jurors know they are alternates?

During the criminal trial, alternate jurors will be indistinguishable from their peers. 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.

Why do criminal trials generally have 12 jurors and 2 alternate jurors?

One primary reason why today’s juries tend to have 12 people is that the Welsh king Morgan of Gla-Morgan, who established jury trials in 725 A.D., decided upon the number, linking the judge and jury to Jesus and his Twelve Apostles. … “It’s their sense of how big a jury should be to ensure proper deliberation.”

How many alternate jurors are there?

(1) In General. 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.

What jurors should not do?

X Don’t lose your temper, try to bully or refuse to listen to the opinions of other jurors. X Don’t draw straws, flip coins or otherwise arrive at your verdict by chance, or the decision will be illegal.

Why do lawyers challenge jurors?

During voir dire, the attorneys scrutinize each prospective juror to try to determine if she or he would be sympathetic to one side or the other. The attorneys are also trying to determine if a prospective juror harbors any biases that would prevent them from being impartial.

How do lawyers pick jurors?

Lawyers and judges select juries by a process known as “voir dire,” which is Latin for “to speak the truth.” In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.

Is jury nullification legal in Canada?

Although extremely rare, jury nullification occurs in Canada. As the prosecution has powers to appeal the resulting acquittal, it lacks the finality found in the United States. However, the Crown cannot appeal on grounds of an unreasonable acquittal although it can appeal on errors of law.

What does it mean when a case is nullified?

Nullify means to remove the force, effectiveness, or value of something. The thing nullified is the refered to as null and void, or as being a nullity. Juries may also nullify the law instructed to be applied in a case to be decided, which is refered to as jury nullification. …

Can jurors discuss case with other jurors?

Do not discuss the trial with anyone until it’s finished, except with other jury members in the deliberation room. After the trial you must not talk about what happened in the deliberation room, even with family members.

What is beyond the reasonable doubt?

Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. … This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

What happens to alternate jurors during deliberation?

The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and shall, unless excused by the court, attend at all times upon the trial of the cause in company with the other jurors, but …

How many alternate jurors were there in the OJ Simpson trial?

twelve alternates
The case was appointed the standard twelve jurors and had twelve alternates assigned to it, but at one point, so many alternates were being called upon to fill in that it seemed like they’d run out faster than jurors were being dismissed in the months long proceedings.

Do jurors get paid?

Federal jurors are paid $50 a day. While the majority of jury trials last less than a week, jurors can receive up to $60 a day after serving 10 days on a trial. (Employees of the federal government are paid their regular salary in lieu of this fee.)

What is the best excuse for jury duty?

Common Effective Jury Duty Excuses
  1. Extreme Financial Hardship. …
  2. Full-Time Student Status. …
  3. Surgery/Medical Reasons. …
  4. Being Elderly. …
  5. Being Too Opinionated. …
  6. Mental/Emotional Instability. …
  7. Relation to the Case/Conflict of Interest. …
  8. Line of Work.

What if a juror gets sick?

The juror could be excused and replaced with an alternate. … The juror could be excused and the verdict would be rendered by the remaining jurors.

Do jurors swear an oath?

All jurors, before being questioned, take an oath (or affirm) that they will answer truthfully. The lawyers or the judge may ask prospective jurors questions about their personal life and beliefs as the topics relate to the case and the jurors’ ability to serve fairly and impartially and to follow the law.

How does voir dire help ensure?

Voir dire is the process of examining potential jurors to determine whether they are fit to serve for a particular trial. For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case.

Do juries always have 12 people?

California law says a felony jury must consist of 12 jurors. But a number of lower state courts have said that the deliberating jury can fall below that number — if both sides consent. … Nowhere does the United States Constitution say that a jury has to consist of 12 people.

Can a judge overrule a jury?

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.

What does deadlocked mean in a trial?

hung jury
When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. … If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

What does jury Nullification mean?

A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.

What happens if a juror lied?

Jurors who lie to get on a jury can be charged with such offenses as contempt of court and obstruction of justice. Background checks are increasingly being used to catch jurors who lie about their criminal records.

Do jurors talk?

You and your fellow jurors are the true triers of facts. Do not talk to others about the case. In particular, you should not talk with the attorneys, witnesses, other jurors, or anyone else connected with the case. The attorneys and the judge understand this rule.

Can jurors get in trouble?

In short, it is not legal to punish a juror for their verdict. This well-established principle of trial by jury has been the case in the American legal system since its inception and, preceding it, English common law since Bushel’s case in 1670. This has been upheld in practice.

Can a lawyer sit on a jury?

Lawyers working in the criminal justice system won’t be eligible for jury duty. … New laws will also prevent employers forcing workers to take leave or to work outside court sitting times when serving on a jury.

What is voir dire?

Voir dire is the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties’ lawyers. The questions are intended to help the lawyers in the jury selection process. After voir dire, the jury is selected from the panel.

What are the 3 stages of jury selection?

of the California Code of Civil Procedure.
  • Step 1: Selection of a Jury.
  • Step 2: The Trial.
  • Step 3: Jury Deliberations.

What qualities make a good juror?

Thus, an effective juror must: (1) Be honest, forthcoming, and genuine; (2) Listen attentively and take good notes; (3) Ask questions if you do not understand; and (4) Listen to all the evidence prior to forming any conclusions about the case.

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