Quote:
Originally posted by adpialumcsuc
I see something really wrong when the foreman gets booted. I am not in law but I find that really odd.
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Having been a jury foreman once, it's a thankless job but one outta the twelve has to keep order and tally everyone's votes. I wouldn't see it as the end of the world, though... if however they are hopelessly deadlocked on one or all the counts, the judge will do his best to keep the jury going until they reach a unanimous verdict. There is a finite number of alternates, though - once you use 'em up and the jury gets knocked down to less than 12, then it's a mistrial.
The reason why they have to restart deliberations is because the alternate jurors need to be brought up to speed. While the alternates sit in the courtroom they do not participate in jury deliberations. In the final instructions to the jury, the judge instructs the alternates to maintain themselves available at all times to the bailiff in the event one of them has to be called to replace a primary juror.