7.11 Continuing Deliberations After Juror Is Discharged and Not Replaced.
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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.
