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When the jury has no alternates.

By Marks & Katz, LLC

Photo from website of U.S. District Court (W.D. Mi.). Why would a prosecutor and judge not try to have alternate members on a criminal jury? Certainly a criminal defense lawyer might not raise the issue, in order to have a chance -- if a juror were stricken -- for a mistrial to get a better jury, to move settlement negotiations further, or to have the advantage of better knowing the opponent's strategy and evidence on retrial.  Steven Powell was accused of several counts of third degree sex offense, and proceeded to trial in a Maryland Circuit Court. Nobody sought alternate jurors. Soon after Mr. Powell's jury was selected and sworn, and before opening statements, one of the jurors informed the judge that he knew Mr. Powell. The juror said he was concerned that he could not be a fair and impartial juror, so the judge struck the juror, leaving eleven jurors in a state that guarantees criminal defendants a twelve-person jury...continue to full post

Full post as published by Underdog on December 23, 2008 (boomark / email).