Suppose a juror falls ill during the second day of deliberations following a two-week trial and is unable to continue her service. What are the trial court’s options? A. Replace the juror with an alternate juror. B. Declare a mistrial. C. Either A or B, in the trial court’s discretion. Today, the answer is B. In October, the answer changes. Current law. G.S. 15A-1215(a) provides that a judge in a criminal jury trial may allow the seating of one or more alternate jurors. Alternate jurors are sworn and seated near regular jurors. They must have the same opportunity as regular jurors to see and hear the proceedings, must attend the trial at all times, must follow all the orders and admonitions of the trial judge, and must be kept with the jury whenever the jury is ordered kept together. If a juror dies, becomes incapacitated or disqualified, or is discharged for any other reason before the case is submitted to the jury, the alternate juror becomes a juror and serves as part of the regular trial panel. If an alternate juror has not been seated as a regular juror by the time the case is submitted to the jury, the juror must be discharged. Structural error. Replacing a regular juror with an alternate juror after deliberations have begun is structural error that requires a new trial, see State v. Hardin, 161 N.C. App. 530 (2003), or, if it occurs in the sentencing phase of a capital case, a new sentencing proceeding, [...]
Faculty Coordinators
