Libby trial question

Franck, Matthew J mfranck at RADFORD.EDU
Mon Feb 26 13:08:01 PST 2007


NPR just reported that today, after the judge in the Scooter Libby trial
dismissed a juror who had been "tainted" by outside information about
the case, the prosecution moved that one of the alternate jurors join
the 11 original jurors and that they begin deliberations over from the
beginning.  The defense insisted that the remaining 11 jurors should
continue without a new twelfth juror, and that is what the judge agreed
to.  I confess my near-total ignorance of federal criminal procedure,
but this is new to me.  Is it normal for dismissal of a juror midway
through deliberations to be followed by continued deliberation of a
reduced jury without an alternate joining it?  And convictions and
acquittals are considered valid with fewer than 12 jurors deciding?  How
low can you go?  Ten jurors?  Nine?  Five?

 

Matt

***************************
Matthew J. Franck
Professor and Chairman
Department of Political Science
Radford University
P.O. Box 6945
Radford, VA 24142-6945
phone 540-831-5854
fax 540-831-6075
e-mail mfranck at radford.edu <mailto:mfranck at radford.edu> 
www.radford.edu/mfranck
<http://www.radford.edu/mfranck> ***************************

 

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