Legal Question in Criminal Law in Delaware

Re: jury trail

In West Virginia, a jury of 12 must be seated in a criminal trial. Ordinarily, at least one alternate juror is seated and then dismissed prior to deliberations unless one of the regular jurors is unable to complete the trial. This practice usually ensures that 12 jurors hear all the evidence, conduct deliberations

and render a verdict.

A defendant has a constitutional right to a jury of 12, but that right may be waived if the defendant agrees to allow a jury of 11 to pronounce the verdict, in a situation where a juror becomes ill, dies or otherwise unavailable and no alternate is available. A new juror cannot be seated during a trial. If the juror was not seated as either a regular juror or as an alternate prior to all of the evidence being introduced, the verdict could be challenged if he participated in deliberations.