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7.11 Continuing Deliberations After Juror Is Discharged and Not Replaced

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7.11 CONTINUING DELIBERATIONS AFTER JUROR IS DISCHARGED AND NOT REPLACED

[One] [some] of your fellow jurors [has] [have] been excused from service and will not participate further in your deliberations. You should not speculate about the reason the [juror is] [jurors are] no longer present.

You should continue your deliberations with the remaining jurors. Do not consider the opinions of the excused [juror] [jurors] as you continue deliberating. All the previous instructions given to you, including the unanimity requirement for a verdict, remain in effect.

Comment

The trial court, upon written stipulation by the parties or on its own for good cause, may permit a jury of fewer than 12 persons to return a verdict. Fed. R. Crim. P. 23(b). It may also substitute an alternate juror. See Instruction 7.12 (Resumption of Deliberations After Alternate Juror Is Added).

Approved 12/2012