An alternate juror can function as a jury member until the jury receives the case and goes for deliberation. In such circumstances, an alternate juror will be dismissed from court with thanks.
These alternate jurors shall be drawn from the same source, and in the same manner, and have the same qualifications, as the jurors already sworn, and shall be subject to the same examination and challenges.
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.
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. Each lawyer may request the dismissal of an unlimited number of jurors for cause.
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.
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.
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.”
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.
(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.
There are three groups that are exempt from federal jury service: members of the armed forces on active duty; members of professional fire and police departments; and. “public officers” of federal, state or local governments, who are actively engaged full-time in the performance of public duties.
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.
There are certain legal grounds for which a juror might be excused, called a challenge for cause, and each side may excuse a certain number of jurors, called a peremptory challenge.
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. …
Preponderant evidence is the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely true than not true.
The straight answer is “no”. You cannot be charged and eventually convicted if there are no evidence against you. If you happen to be arrested, detained, and charged then there is most likely a probable cause or a physical evidence that points towards you.
To better understand beyond a reasonable doubt, it helps to look at two other standards that courts may apply: a preponderance of the evidence, and clear and convincing evidence. A preponderance of the evidence means more than 50%. … Rather, the prosecution must prove each element of its case beyond a reasonable doubt.
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.
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.
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.
Simpson case. Kardashian and Simpson first met around 1967 while both of them were at USC and became close friends. … Following the June 12, 1994, murder of Nicole Brown Simpson and Ronald Goldman, Simpson stayed in Kardashian’s house to avoid the media.
That was pretty accurate. Jurors were getting thrown off left and right. You kind of had the feeling [that] if you’re in the jury room and they called a certain juror out, you were like, “Okay, is he or she coming back or is this it?” Because most of the time, if they called them out, they didn’t come back.
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.
If jurors believe a question is too personal, they can try to refuse to answer on those grounds, let the judge know, and the judge would make the decision. If the judge decides they must answer, and they continued to refuse, the judge could hold them in contempt.
However, when you report for jury duty at the courthouse, a judge may excuse you from service if you can explain why sitting on a jury would be a hardship for you. There are 10 reasons why you would be disqualified from serving jury duty. You are disqualified from service if: You aren’t a citizen of the United States.
You can only ask to change the date once. To change the date, reply to your jury summons explaining your reasons in detail. When you reply you can suggest 3 possible dates in the next 12 months that work for you.
You must never discuss the case with your fellow jurors until after the judge instructs you to begin deliberations. If the proceedings last for more than one day, do not talk with others (non-jurors) about the trial. You may discuss the case with non-jurors only after the jury has reached a verdict.
Don’t talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge, you may discuss the verdict and the deliberations with anyone, including the media, the lawyers, or your family.
Some, but not all judges, speak to jurors directly after the verdict, and others send post-trial “thank you” letters to jurors, with questionnaires for jurors to complete and return. Here are some insights and common themes reflected in comments from jurors to judges after a trial. First, jurors love judges.
peremptory – Each side in a case has a certain number of challenges that can be used without giving a reason. These are called “peremptory” challenges. Each side may ask the judge to excuse particular jurors. … The number of peremptory challenges each side may use is set by law.
You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire. If you have already postponed your jury service two times, you may not request an additional postponement.
In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.
In addition, jury nullification critics tend to overstate their case by claiming that jury nullification “overrides the democratically expressed will of the citizenry.” Jury nullification does not repeal bad laws, rather it allows juries to show mercy for defendants if they believe the law is wrong or is simply being …