Juror Misconduct: Critical Examination of Evidence vs. Acquisition of New Evidence
July 18th, 2016

Jury conduct that amounts to critical examination of the evidence admitted, as opposed to conduct resulting in the acquisition of new evidence, is not juror misconduct. Improper experiments by the jury are those that allow the jury to discover new evidence by considering areas not examined during trial. Conduct that is simply a more critical examination of the evidence admitted at trial is not impermissible. (See People v. Engstrom (2011) 201 CA4th 174, see also People v. Collins (2010) 49 CA4th 175.) See also FORECITE F 101 Note 7; F 101 Note 8; F 332 Inst 8.

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