Despite the tediousness, Hurley said alternates occasionally play a big role at trial. wanted to point out that regardless of the strength of the narcotic, any amount is possession. Alternate jurors may also be selected. In any long trial, there are just things that come up in peoples personal lives, said Mary Moriarty, a former Hennepin County chief public defender. One tablet of MDMA is bad enough for a possession charge, but having a baggie full of 200 of them? Based on the responses given, it sounded like this was a no brainer, the process was done correctly. (Al Seib / Los Angeles Times), Do Not Sell or Share My Personal Information. >>Judgment Technically, there were a couple of others that the judge said were alternates. I have not heard about this before. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of the client. There were 2,580 jury trials in Los Angeles County last year, according to Superior Court records. Okay, you know its because you were interviewed last, but maybe they set it up that way because theyre allageist. Stephen Groves is a reporter covering South Dakota for the Associated Press. When asked what the jurors had been talking about in the jury room when the comment was made, the alternate juror replied: ALT. However, at the end, the judge did read us the rules for deliberation, but it was quick, and I could not absorb it. 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. >>The Jury Pool *Steps in a Trial* You wonder if one of the other lawyers you see around would bring on an ageism suit for you, because youre positive the only reason youre an alternate is because youre the youngest one there. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged when the jury goes into deliberations. 1. Instruction to Alternate Jurors on Submission of Case to Jury - Free Legal Information - Laws, Blogs, Legal Services and More And in last years Oregon wildlife refuge standoff trial, in which a group of armed anti-government occupiers were accused of conspiring to keep federal employees from doing their jobs, the panel quickly ruled to acquit the defendants of conspiracy charges after a judge kicked off a juror a former federal employee suspected of bias and substituted an alternate. As an alternate juror, Christensen did not participate in deliberating on the verdict. Second and beyond days will get the pay. Have questions for Brendan Bukalski? Regardless of where you stand on the issue of Chauvins guilt, we all should agree that the Constitution guarantees every criminal defendant a fair trial. With every hour, she felt more anxious. Lastly, remember to get a decent night's sleep. Then something changed, 7 hospitalized after driver in stolen car runs red light in San Bernardino, police say, Barstow police investigating after officer caught on video hitting man with a baton, Northern California town on edge after second fatal stabbing in a week, Man found guilty of murdering teens who ding-dong-ditched his house, Sacramento, San Francisco mayors take shots at each others city before NBA playoff game. The lawyers can also chat with the judge if they all mutually agree a juror is not suitable for a jury (e.g. You start feeling powerless. It was hard, she said, sighing as she recalled sitting out of the deliberation process. Pennsylvania Code: Rule 645 - Seating and Retention of Alternate Jurors. The process of questioning and excusing jurors continues until 12 persons are accepted as jurors for the trial. The alternates are not allowed back in the jury room with the jurors. The courthouse bathrooms are super clean and well stocked. There are two types of judicial proceedings in the federal courts that use juries. Jaya Saxena cant be the only person playing the Law & Order BUNG-BUNG noise in her head constantly during jury duty,right? Editors note the answers provided in this column are general in nature, and should not be relied upon as legal advice or interpreted as creating an attorney-client relationship. You entertain the idea of marrying thisman. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Based on the answers given, each lawyer can excuse so many potential jurors for any reason, but they don't have an obligation to respond to why the juror was excused. @PTNewsnetwork @zerosum24 @JackPosobiec Maxine Waters Inciting violence if Derek Chauvin isnt found guilty for murder. Possession of narcotics with intent to sell. Although this is the normal number of jurors used, it is not required. After a day and a half of deliberations, she saw a scrum of people camera operators and other reporters who had covered the trial rushing toward the elevators. No inquiry was made about whether the jury had heard Democratic California Rep. Maxine Waters threat made before closing arguments in the case that there would be violence in the streets unless the jury found Chauvin guilty, guilty guilty on all counts, and if so, what effect it had on them. >>Diagram of How a Case Moves Through the Courts Then went even higher to 5,000, in which the Deputy said, it is possible if the person can take that much in there. To stay awake, she doodled everything she saw in the courtroom the judges signature feathered hairstyle, the bailiffs stern glance, an expressionless Franklin. There's no prohibition on having the defendant draw the numbers of alternate jurors, but the general practice is to have the clerk of courts do it, said Ion Meyn, an assistant professor at the University of Wisconsin Law School. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. In the Bell corruption trial in 2013 a case focused on city employees inflating their salaries an alternate stepped in after a judge dismissed a juror who, through tears, complained others on the panel were picking on her. Joe Friedberg, a defense attorney, said he expected the judge to make the call to sequester alternates during jury deliberations. Legal experts say the final panelists chosen almost always serve as alternates, but court spokesman Kyle Christopherson has said that wouldnt necessarily be the case for Chauvins jury. Yet despite having expressed eminently valid and potentially disqualifying worries which were made more intense for Christensen because the trial was being televised live she was still placed on the jury. Immediately after the last trial juror is sworn, the may in its discretion direct the selection of one or more, but not more than six additional jurors to be known as "alternate jurors", except that, in a prosecution under section 125.27 of the penal law, the court may, in Franklin was accused of killing nine women and a teenage girl between 1985 and 2007 in South Los Angeles, as well as attempting to murder another woman. My heart broke a little when [the judge] turned and said, Number 96, youre an alternate, she told KARE. An alternate juror can function as a jury member until the jury receives the case and goes for deliberation. The day prosecutors played a homemade video taken inside Franklins home capturing him having sex with an unidentified woman, Cabrera said she was sure shed vomit. Without alternate jurors, the entire trial would have to begin again. It appears that Christensen took neither into account, though. One of the officers wrote the report that showed the victims injuries on a standard domestic violence form they use, and was also shown a picture to support those injuries. I am glad to hear that you enjoyed your jury service. Another L.A. County judge, William C. Ryan, sighed during an interview when asked about alternates: Theyre critically important, Ryan said, but he often thinks of it as the always the bridesmaid, never the bride phenomenon. 234. Not a bad offer since mileage is only $2.50 a day. >>Arrest Procedures 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. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. You start feeling powerless. ), At Willie Nelson 90, country, rock and rap stars pay tribute, but Willie and Trigger steal the show, Plaschke: Lakers live up to their legacy with a close-out win for the ages, Concertgoer lets out a loud full body orgasm while L.A. Phil plays Tchaikovskys 5th, L.A. Affairs: I had my reasons for not dating white men. States have the ability to grant someone more rights in terms of the number of jurors in a jury trial, despite the rulings of the United States Supreme Court, provided, of course, that no jury is consists of fewer than six persons. That's so that the alternates don't yawn off during proceedings and are ready to step in if another . An alternate juror will also be kept along with the jury if the circumstances of the case need the jury to be kept together. The rules state that if a juror can't continue during deliberations, a mistrial must be declared unless the parties agree that the jury can proceed with fewer members. Put more precisely, the Supreme Court has upheld convictions when the verdicts were not unanimous. White House Correspondents' Association / YouTube screen shot. Based on the answers given, each lawyer can excuse so many potential jurors for any reason, but they don't have an obligation to respond to why the juror was excused. What are alternate jurors? Here is the full Q and A with Juror 96. Finally, in answer to your question concerning the question of unanimity stressed by the judge, unanimity was required. 19. Alternate jurors. There is WiFi in the courthouse, including the main hallways. But once it is time for the jury to retire to deliberate, the alternates are released from service. >>Opening Statements After a 2014 murder trial concluded, L.A.County Superior Court Judge Stephen A. Marcus addressed the alternates, saying they had done all the work maybe more.. (It is rare that the election is made because of simple strategy: the more strangers the plaintiff has to convince, the the greater the odds that the plaintiff will be unable to convince everyone.) >>Instructions to the Jury Isn't there concern that if jurors know in the beginning that they are alternates, these jurors may not be as attentive to testimony throughout the trial as they might otherwise be? The number of jurors; choice of alternates. 16. To answer your second question, it is not uncommon for jury trials to last more than a single day. 22. When I came home, I could hear the helicopters flying over my house If I stepped outside, I could see the smoke from the grenades. It really is an experience for the people involved, but more than that, it is one of the few activities any one of us will engage in, perhaps besides voting, when we can say in all honesty that we engaged in our civic duty. not fluent in English). the case while the jury decides the facts. Alternate juror Carolina Cabrera drew the people in the courtroom to keep attentive during the so-called Grim Sleeper trial, which lasted nearly four months. The rules state that if a juror cant continue during deliberations, a mistrial must be declared unless the parties agree that the jury can proceed with fewer members. from U.C. Moriarty said she could not imagine a defense attorney agreeing to allow a jury to reach a verdict without the full 12 members. Mother whose son donated organs reunites with recipient, It's time for spring fishing and they're definitely biting in E, Heartland Dental a step closer to new site in Meridian Plaza. Christensens remarks during her interview raise important questions about whether the jurors who did deliberate, and who arrived at a verdict convicting Chauvin on all counts, considered only the trial evidence and the law given to them by Judge Peter Cahill in making that determination, or whether it was improperly influenced by external pressures. You start judging the other jurors. She couldnt help wondering what was happening inside the jury room which way were they leaning? It will be the final closure for me to pay my respects and let George Floyd know that we did the best that we could.. The alternate juror also sits in a court and listens to the proceedings of a case. Or . When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. You wonder what its like to be held in contempt ofcourt. Heres a look at how alternate jurors will work in thetrial of the former officer charged with murder and manslaughter: During the criminal trial, alternate jurors will be indistinguishable from their peers. Its unclear why Christensen thinks she owes Floyd an apology jurors take an oath to render a verdict based solely on the evidence and the law. 3. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content Trusted, Vetted, Expert-Reviewed and Edited. Alternate Juror 1 was then questioned about the circumstances of the comment made by Juror 11. Simply seating a jury has been a challenge for such a well-known case. Addressing whether she wanted to serve on the jury at the start of the trial, the alternate juror, Lisa Christensen, specifically said that she " didn't know what the outcome was going to be . Expect delays eastbound on Bryant due to the Bay Bridge freeway entrance. Number 96 was the juror number that had been assigned to Christensen. Taylor Berman), Movies Should Be An Hour And Forty-Five Minutes. These challenges permit a lawyer to excuse a potential juror without stating a cause. Attorneys in the trial of a former Minneapolis police officer charged in George Floyds death are wrangling over not just the 12 jurors who will decide the verdict but also up to four alternates. >>Discovery They are supposed to be kept separate so they do not influence the deliberations. >>Bringing the Charge Before long, as dozens began to leave, she remained and was eventually chosen as an alternate. for cause. The size of jury varies from state to state and depends to some extent on the type of case at trial. They cant be used to discriminate on the basis of race or sex. If you can, bring your own lunch. Alternate jurors will step in if a juror cant continue in the trial for reasons such as illness, a family emergency, or further exposure to information on Floyds death that would taint their decision. 2 jurors out, 1 added as Floyd family settlement roils court, The killing of George Floyd and trial of Derek Chauvin. The defense asked the tech about the testing procedures, to create doubt in the jury, and it was known that only one pill was tested; it almost sounded like the lawyer wanted all the pills tested. The United States Supreme Court has ruled that there is no right to a jury of twelve persons. Thats why the alternates will play an important role, ready to sub in for other jurors who are unable to continue with the trial. The room is not just for the potential jurors to assemble, but for those who are a member of the jury to soak in the views of the downtown skyline. Alternates often feel frustrated, ignored and unfulfilled, said Philip Anthony of DecisionQuest, a jury and trial consulting firm. There will be times when the judge is handling court business outside the presence of the jury. But Moriarty said alternate jurors will be even more important in this trial, given the high-profile nature of Floyds death and the ongoing pandemic. In an act of desperation to find something besides McDonalds to eat during the court lunch break, you trust ordering a fried flounder sandwich from a deli three blocks from the courthouse. An emergency is not the only thing that might occur. Juries of six to twelve persons are selected from the jury pool. kept saying "buttocks" as a formal term instead of other, more amusing words like anus, rectum, and asshole. News, Politics, Culture, and more in realtime. We write helpful content to answer your questions from our expert network. Judges know that not being a part of the verdict, for some, can be a bitter deal and often go out of their way to lavish praise on alternates. She often stared at him, she said, searching for even the smallest reaction. You become very familiar with the subway system, and realize that for all the bitching people do about delays and fare hikes, it is surprisingly easy to get to Jamaica,Queens. As a result, to ensure that at least six jurors are Alternate jurors have even used Twitter to vent, calling the duty the ultimate suck and a weird form of withdrawal.. Alternate COMSEC Custodian [National Security], Alternate Non-Emergency Services Provider, Alternate Payee to Qualified Domestic Relations Order. The defense also wanted to know the strength of the tablet tested, but the D.A. Not long after the trial began, a regular juror was released because of a school scheduling conflict and Superior Court Judge Kathleen Kennedy threw numbers in a Dodger helmet to choose an alternate. The District Attorney's case was really strong and he had a lot of strong and credible evidence to back it up. Anyway, SF's lab didn't even touch the stuff. In response to that question, Christensen said, I would apologize to them. The settlement Christensen was referring to, of course, was the $27 million payout to George Floyds family made by the City of Minneapolis to resolve a civil lawsuit arising out of Floyds death in police custody. For the most part, the interviews with Christensen involved what appeared to be carefully scripted softball questions, based on what was aired of the interviews. Bring a music player or an iPod. The automated recording system gives a disclaimer prior to calling someone that the phone calls are recorded and monitored. Mediation, American Bar Association Christensen responded that she lives about six blocks from the Brooklyn Center Police Department, which was besieged by protestors and has been the epicenter of violent riots since Wrights shooting. As youre leaving the courthouse for the last time, a guy calls you and says he found your wallet in a cab. Teo Spengler earned a J.D. He said alternates could be chosen many different ways, but declined to give details. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Christiansen interviewed with Jamie Yuccas of CBS This Morning, as well as with Minneapolis NBC affiliate KARE-TV reporter Lou Raguse. Relief washed over Cabrera the evidence against Franklin had been overwhelming, she thought, and her peers had made the right decision. One Week Later: The Real Jury Selection Process, Akit's Tips to Surviving Jury Duty at the SF Hall of Justice. They do not participate in the deliberations and therefore, they have no say in the verdict. 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. Nothing, she said. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content. When a jury begins deliberating a verdict, alternates do not participate. Judge Kathleen A. Kennedy picks a number from a souvenir Dodger helmet to select a replacement juror in the Grim Sleeper murder trial last year. What are alternate jurors? The lab tech confirmed on one of the pills that it contained the drug. If a juror is faithful to that oath, there is nothing to be contrite about. Featured on: SFist, Curbed SF, SF Citizen, N Judah Chronicles, SF Examiner, SFGate, Rescue Muni, SF Appeal, Pacific Citizen, NBC Bay Area, SF Weekly's The Snitch, Streetsblog SF, and Muni Diaries. You take this personally. She recognized a man the defense planned to call as a memory expert. (3) Retaining Alternate Jurors. After explaining that she didnt know the man well and that she could remain impartial, she was allowed to remain. I expect commentators to be respectful. The defense was weak, but the lawyer had to try his best to fight back through cross-examination of the witnesses. Photo by Nancy Hochmuth, via Shutterstock, Ah Apparently-Kid! A second officer at the incident scene gave testimony about the drugs that the person had in possession, and it was a lot of drugs. When an alternate juror is present in court, the person will have to obey all the orders and admonitions of the court to the jury. I know it is late in the day, but did you get to keep your notes or did you have to leave them behind at court? You want to scream out that you used to live down the street from where the accident happened, so clearly you are the most qualified when it comes to judging who was being negligent. Guilty on all remaining counts: possession of narcotics with intent to sell, violation of stay away orders, and dissuading a witness. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Edwardsville baseball reaches May with 'another level to Pedestrian dies after running into path of Edwardsville Madison County grand jury indicts 2 felons for having guns, Tigers take ninth in 32-team Chicago tennis tournament, Edwardsville's East Fire Station may be completed early. The number of jurors in a jury trial will depend. Whether these incidents were known to the jury must be investigated. A mistrial is costly both in time and in public resources, so when theres a hiccup jurors get sick, have scheduling conflicts and sometimes get kicked off the deliberating panel for breaking rules of the court an alternate swoops in. A retained alternate juror shall not be permitted to be present in the jury room during deliberations unless he or she replaces a principal juror . >>Verdict The trial might begin and a witness take the stand, who a juror is friends with but did not realize that the witness would be testifying in this trial. It's interesting to note that if you make a phone call from a jail, the jail will record your phone call, unless if it is to a doctor, lawyer, or a religious adviser. Simpsons nine-month murder trial in 1995, all but two of the original 12 alternate jurors were tapped to join the panel of deliberating jurors. As a general rule, all specific legal problems should be handled by an individuals personal attorney. WHAT ARE ALTERNATE JURORS? They do not participate in the deliberations and therefore, they have no say in the verdict. 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. You may opt out at anytime. This involves the judge telling you to show up at 9:30 and not starting the trial until 11 a.m., coming back from lunch at 2 p.m. and not starting the trial again until 3, and budget cuts making the courthouse close at4. Jurors aid in the maintenance of law and order and uphold justice among their fellow . The jury had ruled the same for all 10 murder counts and the single attempted murder count: Guilty.. For 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place. >>Pleadings 4. It's free. Lisa Christensen was the juror who lived in Brooklyn Center. During the death-penalty phase in a trial last year of a man accused of fatally shooting four people at a San Fernando Valley restaurant, Judge Charlaine F. Olmedo had to excuse a juror and bring in an alternate. That to me felt like intention to sell. And halfway through they realize, Hey, Im still on the bench.. But a feeling that a criminal defendant is culpable on some level is hardly enough to support a conviction. McKinsey Interview Questions For Gilmore Girls, Thanksgiving Spoon Side Dishes (Part Two Of Our Two-Part Spoon Thanksgiving Special, Feat. An alternate juror is a person selected in the same manner all other jurors are selected. You try to flirt with the lawyers, just to see if youcan. 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