united-states criminal-law criminal-procedure
Jury completes deliberations, but a juror dies before the verdict is read
<p>Suppose a person is on trial for a serious crime and the case has been sent to the jury.</p>
<p>After some deliberation, the jury comes up with a guilty verdict. Before it is read in court, one of the members of the jury complains of chest pain and needs to go the emergency room.</p>
<p>This juror is rushed to the emergency room for medical treatment. He dies in the emergency room. Does the verdict stand?</p>

<h2>The legislature thought of this</h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" rel="tag">australia</a> <a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a></p>
<p><em>Jury Act</em> 1977 <a href="https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1977-018#sec.22" rel="nofollow noreferrer">s22</a> provides what happens if a juror dies or is dismissed before discharge (which normally happens under <a href="https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1977-018#sec.55E" rel="nofollow noreferrer">s55E</a> &quot;immediately after delivering their verdict&quot;.</p>
<p>The trial coninues if, under <a href="https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1977-018#sec.53C" rel="nofollow noreferrer">s53C</a>, the court or coronor is satisfied that there will not be a substanial miscarriage of justice and:</p>
<ul>
<li><p>in a criminal trial, there are at least 10 jurors remaining, or there are less than 10 and the Crown and each defendant agree, or there are at least 8 and the trial has been in progress for more than 2 months,</p>
</li>
<li><p>in a civil trial, if there are at least 3 remaining for a jury of 4 or 8 for a jury of 12,</p>
</li>
<li><p>in a coronial inquest, if there are at least 4 left.</p>
</li>
</ul>
<p>If the jury is discharged under s53C(1)(a) either party may immediately appeal that decision in a criminal matter if they want the trial to continue (i.e. they think there <em>won't</em> be a substantial miscarriage of justice) and the proceedings are stayed (and the jury is not discharged) pending the result of the appeal.</p>
<p>It doesn't matter if the jury has completed their deliberations or not.</p>
