Seattle1
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How do they decide who is a juror and who is an alternate? Are the 5 currently chosen going to be the actual jurors, and the last 6 the alternates?
My understanding is that's how it works in US District Court (Federal Court) but States are known to adopt their own procedures.
In US Courts, the alternates must be designated at the time of jury selection and must be chosen sequentially from the jury pool after the jurors are chosen. (Rule 24).
Looking at CT General Statutes, it appears CT also follows the sequential process but when it comes to the peremptory challenges (based on the penalty category), the number of strikes allowed when selecting the regular juror panel is different than allowed for selecting the alternate jurors:
Connecticut General Statutes > Chapter 961 > § 54-82g
The accused may challenge peremptorily, in any criminal trial before the Superior Court for any offense punishable by death or life imprisonment without the possibility of release, twenty-five jurors; for any offense punishable by life imprisonment, fifteen jurors; for any offense the punishment for which may be imprisonment for more than one year and for less than life, six jurors; and for any other offense, three jurors.
In any criminal trial in which the accused is charged with more than one count on the information or where there is more than one information, the number of challenges is determined by the count carrying the highest maximum punishment. The state, on the trial of any criminal prosecution, may challenge peremptorily the same number of jurors as the accused.
Connecticut General Statutes > Chapter 961 > § 54-82h
(a) In any criminal prosecution to be tried to the jury in the Superior Court if it appears to the court that the trial is likely to be protracted, the court may, in its discretion, direct that, after a jury has been selected, two or more additional jurors shall be added to the jury panel, to be known as “alternate jurors”. Such alternate jurors shall have the same qualifications and be selected and subject to examination and challenge in the same manner and to the same extent as the jurors constituting the regular panel, provided, in any case when the court directs the selection of alternate jurors, the number of peremptory challenges allowed shall be as follows:
In any criminal prosecution the state and the accused may each peremptorily challenge thirty jurors if the offense for which the accused is arraigned is punishable by death or life imprisonment without the possibility of release, eighteen jurors if the offense is punishable by life imprisonment, eight jurors if the offense is punishable by imprisonment for more than one year and for less than life, and four jurors in any other case.
(b) Alternate jurors shall be sworn separately from those constituting the regular panel, and the oaths to be administered shall be as provided in § 1-25.
(c) Alternate jurors shall attend at all times upon trial of the cause. They shall be seated when the case is on trial with or near the jurors constituting the regular panel, with equal opportunity to see and hear all matters adduced in the trial of the case.
If, at any time, any juror shall, for any reason, become unable to further perform the duty of a juror, the court may excuse such juror and, if any juror is so excused or dies, the court may order that an alternate juror who is designated by lot to be drawn by the clerk shall become a part of the regular panel and the trial or deliberation shall then proceed with appropriate instructions from the court as though such juror had been a member of the regular panel from the time when the trial or deliberation began.
If the alternate juror becomes a member of the regular panel after deliberations began, the jury shall be instructed by the court that deliberations by the jury shall begin anew. A juror who has been selected to serve as an alternate shall not be segregated from the regular panel except when the case is given to the regular panel for deliberation at which time such alternate juror may be dismissed from further service on said case or may remain in service under the direction of the court.
Here I thought what Courts had in common was that alternate jurors did not know they were the alternates until the case was given to the jurors to deliberate and return with a verdict. This can't be true in CT because CT Statute requires the regular panel of jurors to take a different Oath than the alternate jurors.
And after reading the two oaths linked below, I don't get it??
Connecticut General Statutes 1-25 – Forms of oaths » LawServer
It's unfortunate that the public is not allowed to listen to voir dire here. Although Colorado does not allow recording of voir dire, the public was allowed live audio access only when Letecia Stauch's jurors were selected and the presiding Judge, Gregory Werner, was excellent at preventing peremptory strikes of jurors that the Court disagreed with. It sure facilitated the process and a jury was seated in less than two weeks. JMO