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The Implications of Jury Misconduct: Safeguarding Fair Trials in California

Jury misconduct can have serious implications for the integrity of the justice system. When jurors engage in improper behavior during a trial, it can undermine the fairness and impartiality of the decision-making process.

In this article, we will explore the definition of jury misconduct in California, the requirement of prejudice for jury misconduct to trigger a new trial, the role of the judge in determining jury misconduct, and the remedies available to address such misconduct.

Definition of Jury Misconduct in California

Conduct that constitutes jury misconduct

Jury misconduct refers to any conduct by jurors that goes against the judge’s instructions or violates the rules of the trial. Here are some examples of conduct that can constitute jury misconduct:

– Speaking to people about the case: Jurors are not allowed to discuss the case with anyone outside the jury.

This includes family, friends, or even strangers. – Speaking to a fellow juror about the case before deliberations: Jurors are not supposed to discuss the case or their opinions on the matter until they begin formal deliberations.

– Refusing to deliberate: Jurors have a duty to participate in deliberations and discuss the evidence presented during the trial. Refusing to deliberate can be considered misconduct.

– Conducting an independent investigation: Jurors are not allowed to conduct their own research or investigation into the facts of the case. They are expected to base their decision solely on the evidence presented in court.

– Concealing personal beliefs: Jurors must be honest about their personal beliefs and biases during the jury selection process. Concealing personal beliefs can be a form of misconduct if it affects the fairness of the trial.

Requirement of prejudice for jury misconduct to trigger a new trial

Not all instances of jury misconduct automatically lead to a new trial. In order to trigger a new trial, the misconduct must have prejudiced the defendant’s right to a fair trial.

This means that the defendant must show that the misconduct had a significant influence on the verdict. Examples of misconduct that can trigger a new trial include:

– Jurors being exposed to prejudicial matter outside of the trial: If a juror is exposed to information or opinions about the case that were not presented in court, it can prejudice their judgment.

– Jurors basing their decision on factors outside the trial record: Jurors are only supposed to consider the evidence and arguments presented in court. If they rely on information or factors that were not part of the trial, it can prejudice the defendant.

Judge’s role in determining jury misconduct

The judge has the responsibility to investigate and determine whether jury misconduct has occurred. The judge has discretion in how to conduct this inquiry, which may include questioning jurors, holding hearings, or reviewing evidence.

The judge must consider the seriousness and impact of the misconduct on the trial. If the judge determines that a juror’s ability to perform their duties has been compromised, they may remove that juror from the jury pool.

Remedies for Jury Misconduct

Options available to the judge

When jury misconduct is discovered, the judge has several options to address the situation:

– Admonish the jury: The judge can give a strong verbal warning to the jurors about the consequences of engaging in misconduct. – Discharge the tainted juror: If a specific juror is found to have engaged in misconduct, the judge can remove that juror from the jury panel.

– Discharge the entire jury panel: In some cases, when misconduct has impacted the entire jury panel, the judge may choose to discharge the entire panel and start the trial process again.

Discharging the entire jury panel and its implications

Discharging the entire jury panel can have significant implications for the trial process. Depending on the circumstances, it may result in:

– Acquittal: If the jury was unable to reach a verdict before the misconduct was discovered, discharging the jury panel can lead to an acquittal for the defendant.

– Retrial: If the misconduct occurred during the trial and a guilty verdict was reached, discharging the jury panel may necessitate a retrial to ensure a fair and unbiased proceeding. – Consent and legal necessity: Discharging the entire jury panel requires the consent of both the prosecution and defense.

It may also be necessary if the misconduct undermines the integrity of the trial.

Granting a motion for a new trial

A motion for a new trial can be filed by the defense or prosecution if they believe that jury misconduct has prejudiced the verdict. The judge will evaluate the motion and consider factors such as the severity of the misconduct, the influence on the jury’s decision, and the overall fairness of the trial.

Granting a new trial provides an opportunity to correct the impact of jury misconduct and ensure a fair outcome. It is important to note that a new trial may only be granted if the verdict was affected by the misconduct and the defendant’s rights were violated.


Jury misconduct is a serious matter that can jeopardize the fairness and integrity of a trial. It is crucial for judges, attorneys, and jurors themselves to be aware of what constitutes misconduct and the potential remedies available to address it.

By understanding the definition of jury misconduct, the requirement of prejudice for a new trial, the judge’s role in determining misconduct, and the available remedies, we can work towards ensuring a justice system that upholds the principles of fairness and impartiality. The steps taken to address jury misconduct are essential for maintaining public trust in the legal process and protecting the rights of the accused.

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