Can a juror discuss the case with another juror before deliberations begin?

California, United States of America


The following excerpt is from People v. Andrews, B258671 (Cal. App. 2016):

The law is well settled that jurors may not discuss the case even among themselves before they begin deliberations. (People v. Polk (2010) 190 Cal.App.4th 1183, 1201.) "A violation of that prohibition through discussion with a nonjuror prior to rendering a verdict is viewed as serious juror misconduct." (Ibid.) However, the rule prohibiting such communications is primarily designed to preclude the juror from receiving information about the case that was not presented at trial. (Id. at pp. 1201-1202.) Here Juror 12 did not receive any information but instead made a brief comment to the prosecutor.

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