JohnDB
Diamond Member
- Jun 16, 2021
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Nope... because he can interview the jury and find out exactly what the problem is...If a judge was to declare a mistrial with prejudice it would need to be done before it went to the jury. Now that it's in the hands of the jury he no longer has that authority.
If the jury can't reach a verdict his only option then is to declare a mistrial and let the prosecution decide if they want another trial.
And in this case it's likely one or two people not understanding the law. Or more likely, refusing to understand the law.
So then those reserve jurors can come into play...there are 6 of them. Because if it's discovered that juror misconduct is taking place...then the misbehaving jurors can find themselves in a world of trouble...they will be replaced and the alternates placed in their place...and the jurors involved in misconduct might see a bit of jail time.