Can a jury member bring a Bible into the jury room during penalty phase deliberations?

California, United States of America


The following excerpt is from People v. Zapien, 17 Cal.Rptr.2d 122, 4 Cal.4th 929, 846 P.2d 704 (Cal. 1993):

In People v. Mincey (1992) 2 Cal.4th 408, 6 Cal.Rptr.2d 822, 827 P.2d 388, a juror brought a Bible into the jury room during penalty phase deliberations and read verses with other jurors. The trial court learned of this misconduct at the end of the court day and, the following day, questioned the jurors individually, admonishing them to decide the case solely on the basis of the evidence received in court and the court's instructions on the law, and not to take any written materials into the jury room. On appeal, we ruled that the presumption of prejudice had been rebutted because "there was no substantial likelihood that the incident prejudiced defendant. [Citation.]" (Id. at p. 467, 6 Cal.Rptr.2d 822, 827 P.2d 388.)

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