6.29 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, may permit a jury of fewer than 12 persons to return a verdict, or by order of the court for good cause, a jury of 11 persons may return a verdict.  Fed. R. Crim. P. 23(b); United States v. Brown, 784 F.3d 1301, 1304-07 (9th Cir. 2015).  It may also substitute an alternate juror.  See Brown, 784 F.3d at 1304; see also Instruction 6.30 (Resumption of Deliberations After Alternate Juror is Added).

Revised Sept. 2019