Tag Archives: Jury Misconduct


Proper to Tell Jury to Use Magnifying Glass to Examine Exhibit Photos
April 21st, 2020

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 […]


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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 […]


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Evidence Limited to Courtroom: Sua Sponte Duty to Admonish
April 10th, 2015

  The court has a sua sponte duty to give CC 101, limiting jurors to considering evidence that is presented in the courtroom. (See People v. Carter (2010)182 Cal. App. 4th 522.)   It is critical that jurors be instructed that they cannot conduct any independent research on a case and should not discuss the […]


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Revision of CC Instruction re: Independent Research
May 30th, 2014

  The February, 2012, revision of CC 101 modified the section in the second to last paragraph emphasizing to the jury that “it may not use any form of research or communication. . ..” The February, 2012, revision also added in brackets the section in the second to last paragraph telling jurors that if they […]


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