JUDGE’S
INSTRUCTIONS WHEN ALTERNATE JUROR EMPANELED AFTER DELIBERATIONS HAVE BEGUN[1]
As you
know, Juror # was
excused from the jury. An alternate
juror has been selected to take his/her place.
The reason that he/she was excused was entirely personal to him/her; it
had nothing to do with his/her views on this case or his/her relationship with
the other members of the deliberating jury.
Please do not speculate on the reason why that juror was excused.
As of
this moment, you are a new jury, and you must start your deliberations over
again. The parties have the right to a
verdict reached by twelve jurors who have had the full opportunity to
deliberate from start to finish. The alternate
juror has no knowledge of any earlier deliberations. Consequently, the new deliberating jury must
start over at the very beginning of deliberations. Each member of the original deliberating jury
must set aside and disregard whatever may have occurred and anything which may
have been said in the jury room following my instructions to you. You must give no weight to any opinion
expressed by Juror #
during deliberations before that juror was excused. Together, as a new jury,
you must consider all evidence presented at trial as part of your full and
complete deliberations until you reach your verdict.
[1] State v. Banks, 395 N.J. Super.
205 (App. Div.), certif. denied, 192 N.J. 598 (2007) (reversing
conviction because juror substituted after panel announced it was deadlocked).
