Ask The Judge: Alternate Jurors, Double Jeopardy

By Judge O.H. Eaton Jr.
Published On: May 20 2011 03:56:55 AM EDT
Updated On: Jul 08 2011 08:53:00 AM EDT


Are Alternate Jurors Sequestered?

Dear Judge Eaton: So after the jurors and alternates are selected, do the alternates actually get sequestered and also attend each day of court? That would be the purpose in the event one of the jurors becomes ill and can?t finish jury duty, right? -- Jennifer

Dear Judge Eaton: I have a question regarding the selection of alternate jurors. I have served on jury duty. However, his honor would not reveal to the jurors who had been selected as the alternates because he wanted all parties to pay attention to the case. Is it up to the presiding judge if the jurors know who is selected as and alternate and if they are aware? -- Rhanda, Orlando, Fla.

It is up to the presiding judge to identify or not identify the alternates. I know a lot of judges like to keep who the alternates are secret. I never subscribed to that philosophy and always identified the alternates. -- Judge O.H. Eaton

Keep Alternate Jurors Secret?

Dear Judge Eaton: It seems as though it should remain a secret to the jury panel as to who the alternates will be until the deliberations begin. Isn't there concern that if jurors know in the beginning that they are alternates, these jurors may not be as attentive to testimony throughout the trial as they might otherwise be? -- Stephanie

See my answer to Rhanda above. Also, I tried cases for 24 years, and I do not share the view that alternates do not pay as much attention to the testimony as the other jurors. My experience is that all the jurors take their responsibility seriously. -- Judge O.H. Eaton

Will Lee Anthony Tesify?

Dear Judge Eaton: Will Lee Anthony be taking the stand to testify in the Casey Anthony trial? At one point, I had heard he was granted immunity. -- Sandra

You?ll have to ask the lawyers to answer that one. They decided which witnesses will be called to testify. -- Judge O.H. Eaton

Editor's Note: Lee Anthony is on the witness list for the trial.

What Is Jury Of Peers?

Dear Judge Eaton: Please explain jury of your peers. Casey is a (white) female, single parent of a (deceased) toddler, yet the defense is trying to remove female jurors and have young males and minorities. Wouldn't her peers be single parents? -- Kate, Bridgewater, Mass.

The jury of your peers term comes from 14th century England. There was a time when an accused had to be judged by members of his class -- knights judging knights -- and there is at least one case from London where a baker was judged by a jury of bakers in a suit involving bread. Nowadays, the term refers to qualified citizens from the county in which the case is tried. -- Judge O.H. Eaton

What Is Double Jeopardy?

Dear Judge Eaton: What do they mean when they say that once the jury is sworn in double jeopardy applies. Not for the defendant, right? -- Ivan

The double jeopardy clause is contained in the Fifth Amendment of the U. S. Constitution. It reads, ?Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.? The clause only applies in criminal cases, and it only applies to defendants. When a jury is sworn, it is said jeopardy attaches, and the government has one shot to obtain a conviction. There are two exceptions, and both are triggered by the defendant. If the defendant requests a mistrial, and the request is granted, the defendant can be tried again. If the defendant appeals a judgment, and the appeals court reverses the judgment, the case can be remanded for a new trial unless the appellate court prohibits it. -- Judge O.H. Eaton

Dear Judge Eaton: Does the defense have to prove their allegations of abuse? -- Jasmine, Lakeland, Fla.

The defense has no burden to prove anything. Allegations of abuse are not a defense to any of the charges. A showing of abuse my be a mitigating factor if the defendant is found guilty of first-degree murder and the case goes to the penalty phase. -- Judge O.H. Eaton

Dear Judge Eaton: Who chooses what mitigating factors will be used? -- Lewis, Center, Ohio

There are a list of mitigating circumstances contained in the Florida Statutes, and any of them that apply in the case can be used. However, the U. S. Supreme Court in a case called Lockett v. Ohio has ruled that mitigating circumstances cannot be limited to a statutory list, so nearly anything about the defendant?s background or the circumstances of the case can be submitted as mitigation. -- Judge O.H. Eaton

How Are Alternate Jurors Determined?

How do they select which of the potential 18 to 20 jurors actually sit and which are alternates? -- Max, Rockledge, Fla.

The first 12 in order of selection will be the jury. The others will be alternates. -- Judge O.H. Eaton


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