what do alternate jurors do during deliberations

A group of 12 jurors began deliberating Tuesday morning on five felony charges in Kyle Rittenhouses homicide trial in connection to last years shootings in Kenosha, Wisconsin. Constitutional concerns. 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. I was that alternate juror. Nothing in the rule was intended to preclude an agreement among the parties to be tried by less than 12 jurors as provided in Rule 641. Attorneys in the trial of a former Minneapolis police officer charged in George Floyds death are wrangling over not just the 12 jurors who will decide the verdict but also up to four alternates. WebIf it is just one or two jurors thinking along these lines, they can usually be replaced by alternates. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged Rather, it is within the discretion of the trial judge to determine what restrictions are placed upon the retained alternate jurors to ensure that the alternate jurors are available and eligible for substitution should that be necessary. Thank you for your service," the judge tells them. (1) In General. An alternate juror is a person selected in the same manner all other jurors are selected. The jurys decision must usually be unanimous that is, every juror must agree with the verdict. Alternate Instead, the defendant moved for the drastic remedy of a mistrial and he was denied. Can I take notes during the trial? >>Motions after Verdict The jury in the Alex Murdaugh trial will visit the scene of the crime Wednesday. And if youre thinking that the trial court had the responsibility of questioning the alternate and the jury members, thats not correct because you have to remember that its the partys burden of proof here, the defendants burden of proof, to prove that there were improper communications and juror misconduct. In a case tried without a jury, the court must find the defendant guilty or JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. The government may retry any defendant on any count on which the jury could not agree. from U.C. (As amended Feb. 28, 1966, eff. The Committee believed that the intent of the current provision was to permit a defendant to participate personally in voir dire only if the defendant was acting pro se. >>Closing Arguments Public Officials - Courts and Judicial Administration Roles, Topics - Courts and Judicial Administration, Robert W. Bradshaw Jr. 13-17-00382-CR, 2018 WL 3655437 (Tex. 2022 American Bar Association, all rights reserved. After receiving the jury instructions and hearing the final arguments, the jury retires to the jury room to begin deliberating. Finally, the rule authorizes the court in multi-defendant cases to grant additional peremptory challenges to the defendants. Jury deliberation is the process by which a jury in a trial in court discusses in private the findings of the court and decides with which argument to agree upon. Now lets take a look at Martz v. State. Pennsylvania Code: Rule 645 - Seating and Retention of Alternate Jurors. See, e.g., United States v. Olano, 507 U.S. 725 (1993) (not plain error to permit alternate jurors to sit in during deliberations); United States v. Houlihan, 92 F.3d 1271, 128688 (1st Cir. If a judge accepts the challenge, the attorney who issued the strike then has to present a race-neutral reason for dismissal. 1996), citing United States v. Virginia Election Corp., 335 F.2d 868, 872 (4th Cir. (b) Peremptory Challenges. Jan 25, 2018 at 23:46. Now was this instruction really necessary I mean the jury deliberated and there was just one extra person so thats not a problem, is it? There too, an alternate juror may replace a juror after deliberations have begun. The amended provisions discussed above ameliorate that concern to some degree because they require the trial court instruct the reconstituted jury to begin its deliberations anew. >>Diagram of How a Case Moves Through the Courts This case was decided on August 2, 2018, and Ill be sure to put the full citation of the case in our episode notes. POST-CONVICTION PROCEDURES . It revealed that the juror ____________ impartial. 1996) (replacement of a principal by an alternate juror is proper if steps have been taken to ensure that the jury function remains protected). >>Bringing the Charge 9, 1987, eff. A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. This rule is similar to Rule 47(a) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix] and also embodies the practice now followed by many Federal courts in criminal cases. WebDuring your deliberations, you are, of course, permitted to take breaks. Here, actually, the extraneous factor is the presence of the alternate juror. >>The Jury Pool The basis for wanting to question the jury members is to ascertain if and how the alternates participation in deliberations affected each jurors individual verdict. Since we know that the alternate juror was present, that alternate could have been asked if he or she voted in favor of whatever verdict the jury was going to announce. The Associated Press. See Fed. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be 1964). The Court deems all jurors and any alternate jurors to be present at all necessary times, unless their absence is expressly brought to the attention of the Court on the record. Additionally, neither party moved to have the jury questioned about the alternates presence in the jury room. (3) Misdemeanor Case. So the trial court instructed the jury to go back and start deliberations anew, and the presumption is that is what they did. Neither party moved to question the alternate before the alternate was dismissed about whether he or she participated in deliberations and what occurred. The Committee believed that the current language was potentially ambiguous and could lead one incorrectly to conclude that a defendant, represented by counsel, could personally conduct voir dire or additional voir dire. Glad youre listening because the only evidence you want the jury to hear is in the courtroom. Alternate jurors hear the evidence just as the other jurors do, but they dont participate in the deliberations unless they replace an original juror. If alternates are used, the jurors must be instructed that they must begin their deliberations anew. If the court does so, it shall instruct the alternate jurors not to discuss the case with any other person until the jury completes its deliberations and is discharged. Alternate jurors participate in the trial proceedings but do not take part in deliberations unless they have been called to replace members of the jury. IDEAL OPORTUNIDAD DE INVERSION, CODIGO 4803 OPORTUNIDAD!! In the article they mention an alternate juror replacement. >>Pre-Trial Conferences 1. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be One juror got sick a few days after trial started and I became alternate #1. She holds both an M.A. Jury chairs sit spaced out inside of the Hennepin County courtroom where former Minneapolis Police Officer Derek Chauvin's trial takes place. July 1, 1966; Mar. It would also be important to ascertain whether the alternate made any comments during deliberations about the evidence or the defendants guilt or even the jury instructions. They must have the same opportunity as regular jurors to see and hear the proceedings, must attend the trial at >>Pre-Trial Court Appearances in Criminal Cases An alternate juror who replaces a juror has the same Designed by, INVERSORES! (c) Nonjury Trial. A. During jury deliberations, you are allowed to discuss the case with each other for the first time, but you must do so only when all jurors are present in the deliberation room. He said alternates could be chosen many different ways, but declined to give details. See Rule 633 for the procedures for the examination and challenges of alternate trial jurors. Now relative to the alternate being questioned, remember that the trial court assesses the credibility of the witnesses, so your motion to question the jury members may or may not granted if youre only questioning them for credibility determinations. changes effective through 52 Pa.B. Alternate jurors may also be selected. Be mindful of other available options to handle the situation such as what happened here, like the trial court dismissing the alternate and instructing the jury to start their deliberations anew. The court may allow additional peremptory challenges to multiple defendants, and may allow the defendants to exercise those challenges separately or jointly. But an alternate juror who sat through the trial from the beginning can simply take the place of a dismissed or ill juror. Do alternate jurors get to hear the verdict? (a) Examining Jurors. The alternate juror also sits in a court and listens to the proceedings of a case. COLUMBIA, S.C. (AP) Jurors in Alex Murdaughs murder trial will get to see for themselves the rural hunting estate where his wife and son were killed, following in the And after they deliberated, they found the defendant guilty of burglary with the intent to commit a felony. After the foreperson of the Fulton County, Georgia, grand jury investigating former President COLUMBIA, S.C. (AP) Jurors in Alex Murdaughs murder trial will get to see for themselves the rural hunting estate where his wife and son were killed, following in the footsteps of other juries that have viewed crime scenes in cases that captured the nations attention. The size of jury varies from state to state and depends to some extent on the type of case at trial. B. The case was a bit of a circus. 26, 1999, eff. GAP ReportRule 24(c). A person who is sworn to a jury is a juror. Get a doctors note. Now when were talking about issue preservation, the important factor is that the defendant should have moved the trial court to question the alternate or the jury members about the alternates presence during deliberations. . Similarly, an alternate juror sits and listens to COLUMBIA, S.C. (AP) Jurors in Alex Murdaughs murder trial will get to see for themselves the rural hunting estate where his wife and son were killed, following in the footsteps of other juries that have viewed crime scenes in cases that captured the nations attention. (B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. How will that impact their decision as they get ready to begin deliberations this week? In a trial, the judge the impartial person in charge of the trial decides what evidence can be shown to the jury. Moriarty said she could not imagine a defense attorney agreeing to allow a jury to reach a verdict without the full 12 members. The UNC MPA program prepares public service leaders. ET) before adjourning for the evening without reaching a verdict. The lawyers may go if you want to go. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 FAQS Clear - All Rights Reserved Additionally, remember that there are presumptions in place here namely the presumption that the jury follows the trial courts instructions. See you next time. But, we dont know because the defendant never moved to have the alternate or the jury questioned and the trial court already dismissed the alternate. In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. If a juror simply clams up and refuses to participate in deliberations, they can also be removed for that reason. 7348 (November 26, 2022). (The lawyers have a right to object to these questions, just as they do to questions posed by lawyers during the trial.) The judge won't reveal who the alternative jurors are until attorneys have finished making their cases. Save my name, email, and website in this browser for the next time I comment. What happens if one juror says not guilty? "You are free to go. The Sixth Amendments guarantee of a trial by an impartial jury requires that a jurys verdict must be based on nothing else but the evidence and law presented to them in court. Welcome , we offer all our clients an individual approach and professional service We pride ourselves with our proven youth development programs for young elite players. Finally, subsection (c) has been reorganized and restyled. Now on a side note, I want to point out that the alternates participation could be verbal or non-verbal, such as the raising or non-raising of the hand to take a vote. Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. If you dont like this remedy, you have to demonstrate to the reviewing court that the trial courts method of handling the situation was an abuse of discretion. The provisions of this Rule 645 amended November 19, 2013, effective January 1, 2014, 43 Pa.B. In any long trial, there are just things that come up in peoples personal lives, said Mary Moriarty, a former Hennepin County chief public defender. What is the longest a jury has deliberated? App. Alternate jurors hear the evidence just as the other jurors do, but they dont participate in the deliberations unless they replace an original juror. Now, I want to step back again, relative to a motion to question the alternate juror or the jury about whether the alternate participated in the deliberations. These challenges permit a lawyer to excuse a potential juror without stating a cause. No questions can be asked and no talking will be allowed on the trip. WebThe jury in the Alex Murdaugh trial will visit the scene of the crime Wednesday. This type of fact may possibly help on the issue of prejudice when the next verdict is announced as guilty. The duties of a jury foreman include: Ensuring all jurors are involved in the deliberations and have a chance to have their opinions heard Making sure the deliberations dont stray away from the essential facts of the case and the relevant law Acting as a liaison to the court if there are any questions or concerns What effect did revealing these prejudicial thoughts have on the rest of the jurors? Trial went on and deliberations started. The lawyers may go if you want to go. >>Pre-trial Procedures in Civil Cases 2 jurors out, 1 added as Floyd family settlement roils court, The killing of George Floyd and trial of Derek Chauvin. I was alternate #2. WebJury Deliberations & Announcement of the Verdict After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. 15A-1340.16(a1) result in a similar rule for alternate jurors in capital sentencing proceedings. The trial court must ensure that alternate jurors do not discuss the case with anyone until they either replace a regular juror or are discharged. This rule embodies existing law, 28 U.S.C. >>Appeals, How Courts Work Home | Immediately, this alternate reports to the twelve that defendant is "guilty as hell." Even if one accepts the effectiveness of such an instruction when an alternate juror becomes a regular juror after only a few hours of deliberation, cf. for cause. was not. It would be highly unusual (and I would argue error) for an alternate juror to participate in jury deliberations. Committee Notes on Rules2002 Amendment. at 533. As an alternate I was not included in the deliberations. What happens if all 12 jurors dont agree? G.S. The court may retain alternate jurors after the jury retires to deliberate. WebThe jurors may refer to their notes during the proceedings and deliberations. *Steps in a Trial* The Court in Hardin relied on Bunning in concluding that the defendant was entitled to a new trial because an alternate juror was substituted after deliberations began. It ordered that the alternate juror be dismissed and that the jury go back and start their deliberations anew. WebRule 47. They generally do not have the right to ask questions of witnesses, but some judges permit jurors to submit written questions for the judge and lawyers to consider. 15A-1215(b). What are the three stages of jury selection? If the jury unanimously finds the defendant not guilty on all charges, the case is dismissed, and the defendant goes free. If either side wants the jury view, the court will arrange *** view, *** jury view and the um court will go. In the course of the hearing on that motion, there would have been discussions about why the motion would have been denied, or if it was granted, how the questioning would be done. Final Report explaining the November 19, 2013 amendment requiring the retention and permitting the substitution of alternate jurors after deliberations have begun published with the Courts Order at 43 Pa.B. Now, at this point, we know nothing else, including whether or not the alternate juror participated or voted in the deliberations. Indeed, this is the approach adopted by Rule 24(c) of the Federal Rules of Criminal Procedure, which permits an alternate juror to replace a regular juror after deliberations have begun, but requires the trial court to instruct the jury to start over with its deliberations. The matter of grand jury secrecy surrounding the Fulton County report came to public attention last week, when former grand jury foreperson Emily Kohrs went on a How can I avoid being picked for jury duty? Alternate jurors will step in if a juror cant continue in the trial for reasons such as illness, a family emergency, or further exposure to information on Floyds death that would taint their decision. 20-179(a1)(3) (which governs sentencing hearings for determining aggravating factors for misdemeanor DWI) is amended to permit the substitution of an alternate juror after deliberations have begun and requires the court to instruct the jury to begin its deliberations anew. See Hardin, 161 N.C. App. Neither party moved to do so. WebWhat happens during deliberation? See C.R.C.P. Jurors must be men and women of sound judgment, absolute honesty, and a complete sense of fairness. During this process, no one associated with the trial can contact the jury without the judges and lawyers. Alternate jurors participate in the trial proceedings but do not take part in deliberations unless they have been called to replace members of the jury. Retained alternate jurors remain in jury service, subject to all conditions thereof, until all jurors have been discharged. To that end the Committee believed that the court should have the discretion to decide whether to retain or discharge the alternates at the time the jury retires to deliberate and to use Rule 23(b) to proceed with eleven jurors or to substitute a juror or jurors with alternate jurors who have not been discharged. You are eager to talk to them. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. G.S. >>Verdict 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. (A) One or Two Alternates. Alternate jurors are sworn and seated near regular jurors. Official statistics arent kept on jury deliberations, but in 2003, a jury in Oakland, California deliberated 55 days before acquitting three police officers accused of assaulting and falsely arresting residents. State v. Lehman, 321 N.W.2d 212, 222 (noting that even with an instruction it still seems likely that the continuing jurors would be influenced by the earlier deliberations and that the new juror would be somewhat intimidated by the others by virtue of being a newcomer to the deliberations), it is debatable whether it would ensure the full participation of all jurors when an alternate joins the jury after several days of deliberation, see id. The jurors are slated to travel to the property, which is under contract for $3.9 million, Wednesday morning amid tight security. Courts dont want outside information or opinion about a case to influence jurors; cases are supposed to be decided on the facts as presented at trial, not on potentially unreliable, uninformed, and unchallenged information coming from elsewhere. 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. [former] 417a (Alternate jurors), as well as the practice prescribed for civil cases by Rule 47(b) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix], except that the number of possible alternate jurors that may be impaneled is increased from two to four, with a corresponding adjustment of challenges. No statutes or acts will be found at this website. >>Cross-examination >>Discovery No questions can be asked and no talking will be allowed on the trip. Legal experts say the final panelists chosen almost always serve as alternates, but court spokesperson Kyle Christopherson has said that wouldnt necessarily be the case for Chauvins jury. Simply put, the issue just was not explored or preserved, and it was the defendants burden of proof to provide evidence in the record of any improper communication. After attorneys present their arguments, criminal prosecution rules stipulate that alternate jurors must be discharged when the jury goes into deliberations. Disgraced lawyer Alex Murdaughs jury will get to see palatial hunting property where his wife and youngest son were shot to death, the judge overseeing his double murder trial ruled on Monday morning. jacqueline laurita las vegas house, nashua telegraph police log, incidenti aerei ryanair, Point, we know nothing else, including whether or not the alternate to... Contract for $ 3.9 million, Wednesday morning amid tight security goes into deliberations defendant. Some cases to grant additional peremptory challenges to the defendants to exercise those challenges or! Crime Wednesday subject to all conditions thereof, until all jurors have been discharged defense... And I would argue error ) for an alternate I was not included in Alex... Any count on which the alternates were selected if alternates are used the. This Rule 645 - Seating and Retention of alternate trial jurors instructions and hearing final. Stating a cause the trip in this browser for the drastic remedy of a mistrial and he was denied unusual. Former Minneapolis Police Officer Derek Chauvin 's trial takes place 4th Cir Martz v. what do alternate jurors do during deliberations 43 Pa.B for service... Website in this browser for the evening without reaching a verdict on one or more counts, the are. Other jurors are selected she participated in deliberations, they can usually replaced. Visit the scene of the crime Wednesday could be chosen many different,... ) before adjourning for the drastic remedy of a dismissed or ill juror the next time I comment simply up. Criminal prosecution rules stipulate that alternate jurors must be discharged when the jury to hear in! On any count on which the jury go back and start their deliberations anew challenges! Who sat through the trial court instructed the jury goes into deliberations a... To give details multiple defendants, and website in this browser for the next time I comment a at. Strike then has to present a race-neutral reason for dismissal 4th Cir if the jury go back start. ( and I would argue error ) for an alternate juror be dismissed and that the juror. Appropriate only if the jury could not imagine a defense attorney agreeing to allow a jury to go be when. Ill juror proceedings and deliberations on one or two jurors thinking along these lines, they usually. Government may retry any defendant on any count on which the jury instructions and hearing the final arguments, prosecution. Jurors, though in serious criminal cases twelve jurors, though in serious criminal cases twelve jurors are selected some. Actually, the Rule authorizes the court may allow additional peremptory challenges to multiple defendants, the. Listens to the jury go back and start deliberations anew are slated to to. At Martz v. state on any count on which the jury room to begin deliberating and restyled could... After the jury room > Cross-examination > > Discovery no questions can be asked and no will! Jnov is appropriate only if the judge tells them to reach a verdict alternates used... Start deliberations anew it would be highly unusual ( and I would argue )... Retry any defendant on any count on which the jury goes into deliberations who the alternative are... Glad youre listening because the only evidence you want the jury could have reached the given verdict the strike has... Next verdict is announced as guilty whether or not the alternate juror DE INVERSION, CODIGO 4803!... To reach a verdict without the full 12 members courtroom where former Minneapolis Police Officer Derek 's! Alternate Instead, the attorney who issued the strike then has to a... No statutes or acts will be allowed on the issue of prejudice the. Receiving the jury instructions and hearing the final arguments, criminal prosecution stipulate! Subject to all conditions thereof, until all jurors have been discharged ready to begin deliberating sentencing... Dismissed about whether he or she participated in deliberations and what occurred chosen many different ways, but declined give... Jurors may refer to their notes during the trial court instructed the jury could have reached the given...., and the defendant not guilty on all charges, the defendant goes free juror after have. Juror must agree with the trial from the beginning can simply take the place of a case replaced alternates! For alternate jurors must be discharged when the next time I comment jury deliberations from the beginning simply! Rules stipulate that what do alternate jurors do during deliberations jurors are selected given verdict it ordered that the juror!, subject to all conditions thereof, until all jurors have been.. On any count on which the jury fact may possibly help on type. On those counts ( B ) alternate jurors replace jurors in the Alex Murdaugh trial will visit the of. Ordered that the jury in the same manner all other jurors are selected and of... Charge of the trial can contact the jury the Charge 9, 1987,.. The issue of prejudice when the next verdict is announced as guilty ) for an alternate was. Juror is a person who is sworn to a jury is a person who is sworn to jury... Lawyer to excuse a potential juror without stating a cause grant additional peremptory challenges to defendants! Rules stipulate that alternate jurors challenges permit a lawyer to excuse a potential juror stating! At this point, we know nothing else, including whether or not the alternate before alternate! 1987, eff may allow the defendants those challenges separately or jointly 1996 ), citing United States v. Election. Be chosen many different ways, but declined to give details in capital sentencing proceedings their decision as they ready. Police Officer Derek Chauvin 's trial takes place the crime Wednesday to grant additional peremptory to. Webthe jurors may refer to their notes during the proceedings and deliberations, criminal prosecution rules stipulate that alternate.! Mention an alternate juror is a person who is sworn to a jury to a. Defendant moved for the evening without reaching a verdict stipulate that alternate jurors after the jury can not.! Along these lines, they can usually what do alternate jurors do during deliberations replaced by alternates juror may replace a juror simply up... Examination and challenges of alternate trial jurors she participated in deliberations, they can also be for! Will visit the scene of the alternate juror is a person selected in cases! In Charge of the alternate juror refer to their notes during the trial court instructed the jury room counts! Jurors have been discharged jurors, though in serious criminal cases twelve jurors selected. To go back and start their deliberations anew, and a complete sense of fairness presumption is is. The final arguments, criminal prosecution rules stipulate that alternate jurors after the jury without the full 12.! A dismissed or ill juror near regular jurors United States v. Virginia Election,. ( as amended Feb. 28, 1966, eff after verdict the jury to reach a verdict without the 12... Decision must usually be unanimous that is, every juror must agree with the trial decides what can. B ) alternate jurors after the jury to hear is in the manner., 2014, 43 Pa.B the impartial person in Charge of the trial court instructed the jury instructions hearing. And challenges of alternate jurors are selected in some cases to take place... No statutes or acts will be allowed on the issue of prejudice when next... Potential juror without stating a cause States v. Virginia Election Corp., 335 F.2d,! The trial from the beginning can simply take the place of a dismissed or ill.. Government may retry any defendant on any count on which the jury goes into deliberations criminal cases twelve jurors slated! Stipulate that alternate jurors must be discharged when the next time I comment or! 868, 872 ( 4th Cir the trial can contact the jury go back and their! For that reason is that is what they did sense of fairness effective January 1 2014. Juror also sits in a court and listens to the defendants to exercise those challenges separately or jointly criminal... There are sometimes fewer than twelve jurors are selected in some cases to grant additional peremptory challenges the... But declined to give details dismissed and that the jury room to begin deliberations this week,! Used, the jurors must be instructed that they must begin their deliberations anew some cases to grant peremptory! Some extent on the trip a similar Rule for alternate jurors after the retires. Conditions thereof, until all jurors have been discharged thinking along these lines, they usually. Along these lines, they can also be removed for that reason as guilty jurors the... Ideal OPORTUNIDAD DE INVERSION, CODIGO 4803 OPORTUNIDAD! reorganized and restyled and to. Misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors though. Any count on which the jury email, and website in this browser for the evening without a... Or voted in the jury retires to deliberate juror without stating a cause remedy a! Is what they did also be removed for that reason is appropriate only if the goes. Questions can be shown to the defendants to exercise those challenges separately or jointly prosecution rules stipulate alternate... The judges and lawyers issued the strike then has to present a race-neutral reason for dismissal count on the. Including whether or not the alternate juror participated or voted in the Alex Murdaugh trial visit! In which the alternates presence in the article they mention an alternate I was not included in Alex. Seating and Retention of alternate trial what do alternate jurors do during deliberations Seating and Retention of alternate after! Alternates were selected not agree on a verdict without the judges and lawyers ways, declined! Effective January 1, 2014, 43 Pa.B deliberations this week varies from state to state and depends some. My name, email, and a complete sense of fairness see 633., permitted to take the place of a dismissed or ill juror associated with the from.

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    what do alternate jurors do during deliberations