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Juror Dismissal During Deliberations

By Ronald H. Levine and Darren M. Creasy
August 30, 2005

You've endured the roller coaster of a white-collar trial and hold out hope that protracted jury deliberations may presage an acquittal. But then the trial judge dismisses, for refusal to deliberate, a juror who may favor your client, installs an alternate and directs that deliberations begin anew. A guilty verdict and prison sentence ensue. It can happen; it did recently. In this age of protracted financial fraud and public corruption trials, it raises interesting cautionary issues for the white-collar defense lawyer.

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