What is the test for substituting an alternate juror for reasonable cause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gambino, 951 F.2d 498 (2nd Cir. 1991):
"Th[e] substitution of an alternate juror for reasonable cause is the prerogative of the court and does not require the consent of any party." Floyd, supra. A reviewing court should not disturb the trial judge's exercise of discretion in dismissing a juror unless there is a "bias or prejudice to the defendant." United States v. Smith, 550 F.2d 277, 285 (5th Cir.), cert. denied, 434 U.S. 841, 98 S.Ct. 138, 54 L.Ed.2d 105 (1977).
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