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, 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, 1306 (9th Cir. 2015). It may also substitute an alternate juror. See Brown, 784 F.3d at 1306; see also Instruction 7.12 (Resumption of Deliberations After Alternate Juror Added).

Approved 9/2019