For demonstrating bias for example?
2007-02-28 18:27:28 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, can be dismissed and replaced after the trial has started, and it has happened more and more frequently. At least, we read about it or hear about it more in the news.
A judge may dismiss a juror after the trial has started, or after the jury has begun deliberating, but before reaching a verdict. It happened the day before yesterday in the Federal criminal trial of "Scooter Libby", when the judge discovered that one juror was exposed to something about the case (inadvertently). The Federal court judge decided to let the jury continue with only 11 jurors, rather than replace the dismissed juror, which would usually have required the judge to replace the juror with an alternate juror (who had heard the case, but did not begin the deliberation.) If the judge had ordered the juror to be replaced with the alternate, the jury would have had to begin the deliberations all over again, and throw out any verdicts reached, and re-deliberate the case again with the new juror participating.
Of course, the judge dismisses a juror for unforseen personal difficulties (illness, or illness of a family member, death of a family member, some emotional occurrence that affects the juror's ability to serve, being exposed to evidence, or threats, or violating the judge's jnstructions.
A controversial reason for dismissing a juror is a charge by the foreman of the jury or a member that a juror has refused to deliberate, or expressed a refusal to follow a judge's instruction, or expressing a bias against another juror, or the defendant, or a witness, or the attorneys.
2007-02-28 18:55:06 · answer #1 · answered by JOHN B 6 · 1⤊ 0⤋
Yes. They usually have stand-by jurors for that purpose. A juror was just dismissed from the Libby trial.
2007-02-28 18:35:52 · answer #2 · answered by notyou311 7 · 1⤊ 0⤋
Yes, there are normally alternate jurors, but a juror would have to have worked pretty hard to hide such that bias in the jury selection.
2007-02-28 18:39:32 · answer #3 · answered by Fred C 7 · 0⤊ 0⤋
Yes they can and very often are. When jury is selected there are several alternate jurors picked just for that reason.
2007-02-28 19:30:05 · answer #4 · answered by Terry Z 4 · 0⤊ 0⤋
Absolutely, it happens frequently, that's why they have alternate jurors.
2007-02-28 18:33:23 · answer #5 · answered by Anonymous · 3⤊ 0⤋
Yes this has happened many times & for different reasons.
2007-02-28 19:03:09 · answer #6 · answered by wise 5 · 0⤊ 1⤋
YES!
2007-02-28 18:30:37 · answer #7 · answered by love_2b_curious 6 · 0⤊ 0⤋