You were an okay enough liar to get off the three-week-long medical malpractice suit, but you cant figure out a good excuse to get off a civil case involving a 12-year-old being hit by a car (hes fine, everyone) while crossing in the middle of thestreet. We write helpful content to answer your questions from our expert network. Christensen confirmed this to be the case, and admitted that initially, she did not know if she wanted to serve on the jury because she did not want to disappoint one group or the other, she did not want to go through rioting and destruction again and she was concerned about people coming to [her] house if they were not happy with the verdict.. 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. 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. But once it is time for the jury to retire to deliberate, the alternates are released from service. peremptory challenges. As an alternate you are forced to sit in on the entire trial, but when it comes time for deliberation you are whisked away to the courthouse library to read while everyone else gets to actually decide the fate of the defendant. In October, the answer changes. The size of jury varies from state to state and depends to some extent on the type of case at trial. You become very opinionated about the inefficiency of the New York justice system, which stretches a three-witness civil case over an entire week. Read our editorial standards. My heart broke a little when [the judge] turned and said, Number 96, youre an alternate, she told KARE. 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 wouldtaint their decision. Lastly, remember to get a decent night's sleep. 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. >>Sentencing Depending on the jurisdiction and the requests of the parties, alternate jurors may not know that they have been selected as alternates as opposed to actual jurors until the end of the trial when it is time to deliberate. Then went even higher to 5,000, in which the Deputy said, it is possible if the person can take that much in there. As a general rule, all specific legal problems should be handled by an individuals personal attorney. They are instructed by the judge not to discuss the case with outsiders or each other (until deliberations). Alternate jurors serve just as regular jurors do they sit with the regular jury throughout the trial, listening to and observing the same evidence. 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. However, the Supreme Court has also ruled that no right to a unanimous verdict actually exists when a jury consists of more than six people. Joe Friedberg, a longtime Twin Cities defense attorney, said he expected the judge to make the call to sequester alternates during jury deliberations. To answer your second question, it is not uncommon for jury trials to last more than a single day. Did Chauvin get that? 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. and an M.F.A in creative writing and enjoys writing legal blogs and articles. And if the court had those concerns, the jurors must have had them, as well. >>Pre-Trial Conferences The foreman handed papers to the clerk and the courtroom quieted. Like a stone, a statue.. 234. "This is not really a well-litigated area," Meyn said. When she showed up and saw about 300 other potential jurors, she was certain, and hopeful, shed get dismissed. I really feel their pain and their struggle. He said in his experience, alternates are called upon once in every four or five trials. Christensen also acknowledged that by the time she made it on the jury, she had seen the video of Chauvin kneeling on Floyd two or three times on the news and that she also saw the settlement run across the bottom of the screen one day.. Those not selected are excused. Alternate jurors are no longer used in federal civil court (see 1991 Advisory Committee Notes to FRCP 47(b)). Browse USLegal Forms largest database of85k state and industry-specific legal forms. >>Bringing the Charge In 1994, during the first murder trial of Erik and Lyle Menendez California brothers who would eventually be convicted in the gruesome murders of their rich parents two alternate jurors had a different routine: Theyd spend a few hours reading, play badminton inside an empty courtroom and then watch videos, one recounted. The alternate juror also sits in a court and listens to the proceedings of a case. Alternate jurors hear the evidence just as the other jurors do, but they dont participate in the deliberations unless they replace an original juror. In fact, they won't even know they are alternates. 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. A unanimous decision must be reached before a defendant is found "guilty." Jury service is a high duty of citizenship. (B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. Do alternate jurors know they are alternates? 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? Jurors, she knew, were supposed to keep it together. Teo Spengler earned a J.D. 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. YOU JUST HAD ME SIT IN A LIBRARY FOR HOURS WHEN I COULD HAVE BEEN MAKING IMPORTANT DECISIONS!. Ameer Benno is a constitutional law attorney. One tablet of MDMA is bad enough for a possession charge, but having a baggie full of 200 of them? Anyway, SF's lab didn't even touch the stuff. Local SF police officers gave testimony on the domestic violence incident and the possession of drugs. He was also asked about the large amount of drugs the suspect had, and if it was true if the suspect was able to sneak in more through his butt. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors. This questioning of the potential jurors is known as Whether these incidents were known to the jury must be investigated. Criminal trial: An individual is accused of committing a crime that is considered against society as a whole. Although this is the normal number of jurors used, it is not required. Finally, in answer to your question concerning the question of unanimity stressed by the judge, unanimity was required. Relief washed over Cabrera the evidence against Franklin had been overwhelming, she thought, and her peers had made the right decision. When an alternate is subbed in after closing arguments, deliberations must restart, which can change the dynamic of the discussion, Hurley said. The courthouse bathrooms are super clean and well stocked. All Rights Reserved. Answering your exact question regarding why the jury you served on consisted of six jurors is difficult without knowing the type of the case. It was hard, she said, sighing as she recalled sitting out of the deliberation process. pic.twitter.com/HBrUU5Ge9A. In the vast majority of states, a jury consisting of twelve jurors is the norm, but many states allow for fewer jurors usually at the election of the defendant. You eat the sandwich next to an 80-year-old man who is wearing a fedora and eating an entire pound cake with his barehands. >>Verdict The lawyers can also chat with the judge if they all mutually agree a juror is not suitable for a jury (e.g. According to juror number 4, he and appellant are . During the criminal trial, alternate jurors will be indistinguishable from their peers. Second and beyond days will get the pay. When the reality set in, she became excited about her role. You feel youll throw an actual fit if they come to a verdict you dont agreewith. If you can, bring your own lunch. In fact, they won't. But a feeling that a criminal defendant is culpable on some level is hardly enough to support a conviction. In addition to challenges for cause, each lawyer has a specific number of This is done to ensure that alternates pay just as close attention to the evidence as to the regular jurors do. pic.twitter.com/KUtHSOGm8N, Christensen said that the riots, which were taking place literally a stones throw from her home, did not affect [her] at all but that is hardly believable coming from someone who was concerned about people coming to [her] house if they were not happy with the verdict., It is also a bit unbelievable considering Christiansen similarly told Yuccas in her interview with CBS, I was worried about, you know, whatever the verdict may be if some people felt strongly on one side, other people felt strongly on the other side so no matter what, I felt like somebody wasnt going to be happy.. The Supreme Court has upheld verdicts of 11 to 1, 9 to 3, and 10 to 2, but most legal scholars agree that it would be unlikely for the Supreme court to uphold an 8 to 4 jury verdict. 13. /content/aba-cms-dotorg/en/groups/public_education/resources/law_related_education_network/how_courts_work/juryselect, >>Diagram of How a Case Moves Through the Courts, >>Pre-Trial Court Appearances in Criminal Cases, >>Presentation of Evidence by the Defense. >>Discovery Andrew Nelles-Pool - Yu Chun Christopher Wong - S3studio / Getty Images, New York State Sex Offender Registry via AP, Completing this poll entitles you to The Western Journal news updates free of charge. No. In such circumstances, an alternate juror will be dismissed from court with thanks. 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. In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. 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. Our commitment is to provide clear, original, and accurate information in accessible formats. After explaining that she didnt know the man well and that she could remain impartial, she was allowed to remain. The number of jurors; choice of alternates. We are committed to truth and accuracy in all of our journalism. Eric Nelson, Chauvins attorney, had moved for a change of venue based on this highly inflammatory and prejudicial pretrial publicity arguing that his client could not get a fair trial in Minneapolis as a result of it. Cameron Everest Brand, 19, was charged with killing two teenagers and wounding four others in an early Sunday shooting at a house party. Today, the answer is B. 2. 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. White House Correspondents' Association / YouTube screen shot. 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. But there was one big difference: Cabrera was an alternate juror and ultimately had no say in the fate of the Grim Sleeper serial killer. But when asked how she would have voted, she said that she would have found Chauvin guilty. Tucker Carlson's Maine neighbors talk about a very different type of man from the one who would battle on Fox News. It is surprisingly incredible. Not a bad offer since mileage is only $2.50 a day. You may opt out at anytime. 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. Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. I expect commentators to be respectful. 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. Alternates often feel frustrated, ignored and unfulfilled, said Philip Anthony of DecisionQuest, a jury and trial consulting firm. An alternate juror will also be liable as regular jurors for failure to attend the trial or to obey any order or admonitions of the court to the jury. 12. >>Jurisdiction and Venue But Moriarty said the judge could also just instruct alternates to refrain from researching the trial on their own during deliberations, while stopping short of sequestering them with the rest of the jury. 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. In fact, they wont even know they are alternates. The Supreme Court has, however, said that a jury of at least six jurors is required to satisfy the right to a jury trial that is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. In that way, she was like the others selected to serve as jurors in People of the State of California vs. Lonnie David Franklin Jr., one of the highest profile murder trials in the citys history. 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. You run out of reading material in the courthouse library, finishing three comic books, a romance novel, a copy of Bon Appetit and a book about Boss Tweed, so you start flipping through lawbooks. 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 can't continue during deliberations, a mistrial must be declared unless the parties agree that the jury can proceed with fewer members. The FRCP require all jurors in a civil case to participate in reaching the verdict, unless the court excuses a juror for good cause under FRCP 47(c) before the jury reaches a verdict. There were 2,580 jury trials in Los Angeles County last year, according to Superior Court records. Almost every day for four months, Carolina Cabrera woke up early and rushed to the criminal courts building in downtown Los Angeles. During the criminal trial, alternate jurors will be indistinguishable from their peers. (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.) As well as contemporaneous notes she took while empaneled as a juror in the Derek Chauvin trial.https://t.co/907brj5Wws. 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. Similarly, an alternate juror sits and listens to evidence just like the other jurors but only deliberates and votes if one of the sitting jury members is unable to serve. In summary, however, this happens when either only six is required, such as when the type of trial is governed by statute, or because a party elected to only have six jurors. Courts and Legal Procedure | Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. Mike Shannon, legendary Cardinals broadcaster, dead at 83, New drive-in coming to Edwardsville, slated to open this summer. Despite Christensen not having participated in the deliberations, her interview nevertheless provides revealing insights into what the jurys decision-making process was. Marisa Gerber is an enterprise reporter at the Los Angeles Times. The judge won't reveal who the alternative jurors are until attorneys have finished making their cases. She couldnt help wondering what was happening inside the jury room which way were they leaning? Simpsons nine-month murder trial in 1995, all but two of the original 12 alternates were tapped to join deliberations. General Mills is issuing a recall for some brands of its flour amid a salmonella outbreak that has been linked to flour. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged when the jury goes into deliberations. The lawyers can also chat with the judge if they all mutually agree a juror is not suitable for a jury (e.g. 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. While there isn't an exact account of how many jurors and alternates were used in each case, court spokeswoman Mary Hearn said a good estimate is 14 per panel 12 jurors, two alternates. As standard policy, the defense asked their round of questions to the police officers. There are two types of judicial proceedings in the federal courts that use juries. You start feeling powerless. >>Selecting the Jury What are alternate jurors? During the Rampart police corruption trial in 2000, in which the jury convicted three LAPD officers of conspiracy, an alternate publicly accused the impaneled jurors of having anti-police sentiments, saying she would have acquitted the officers. The number of jurors in a jury trial will depend. One of the alternates a middle-aged woman with frizzy hair gripped her water bottle in suspense, then smiled as the judge told her shed been picked. wanted to point out that regardless of the strength of the narcotic, any amount is possession. One mouthed, Im sorry, man.. You are burdened with the information of this trial and cant do anything with it. 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? 16. >>Final Motions >>The Jury Pool Alternates are used as a safety net so that the trial can continue, and the jury can reach its verdict. >>Cross-examination 13. 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. To stay awake, she doodled everything she saw in the courtroom the judges signature feathered hairstyle, the bailiffs stern glance, an expressionless Franklin. The judge wont reveal who the alternative jurors are until attorneys have finished making their cases. Twelve people, and alternates, make up a criminal jury. Thus, in a very important way, jurors become a part of the court itself. An alternate juror is a person selected in the same manner all other jurors are selected. The city had publicly announced the settlement in the middle of jury selection for Chauvins trial. >>Civil and Criminal Trials Despite the tediousness, Hurley said alternates occasionally play a big role at trial. In fact, they won't even know they are alternates. The judge won't. One night she could hardly make it home after testimony ended because of protesters blocking intersections. Presumably, this was to protect the jurors from being doxxed and subjected to intimidation and violence. 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. NFL legend Deion Sanders expressed shame for 31 NFL teams after he noticed a lack of HBCU athletes drafted. *Steps in a Trial* So fortunate and so glad and so thankful that right now we believe that everybody is going to survive, Sheriff Leon Lott said. But Minnesota criminal defense attorneys said the judge could make sure that alternates maintain their ability to rejoin the jury if needed. There will be times when the judge is handling court business outside the presence of the jury. I spent three weeks of my time, getting invested and going through all kinds of emotions. I would have said guilty on some level I feel like Chauvin is responsible for Mr. Floyds death.. "You have an excellent service and I will be sure to pass the word.". 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 . Thats why the alternates will play an important role, ready to sub in for other jurors who are unable to continue with the trial. During the criminal trial, the four alternate jurors (up from the original two after a Friday decision by Judge Peter Cahill) will be indistinguishable from their peers. You hope the court officer will notice what youre doing, and comment on how intelligent you seem, and then tell you that you should be in there instead of that fartingwoman. The judge thanks you for your service, and you nearly scream WHAT SERVICE?! It appears that Christensen took neither into account, though. Welcome to Akit.Org, home to the Complaint Department and started on February 7, 2002. Christensen did not know that she had been picked as an alternate in this case. 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. For example, Christensen was not asked what effect the daily demonstrations outside the courthouse had on her and the other jurors. By the end of O.J. But Minnesota criminal defense attorneys said the judge could make sure that alternates maintain their ability to rejoin the jury if needed. >>Presentation of Evidence by the Defense During her interview, Christensen who lives in Brooklyn Center, Minnesota, the suburb where the police shooting of Daunte Wright happened was asked about the Wright case, which occurred while the Chauvin trial was underway, and whether it impacted her at all.