Does the trial judge have any authority to compel a jury to discuss issues that they have chosen to discuss without discussion?

California, United States of America


The following excerpt is from People v. Bowers, 104 Cal.Rptr.2d 726, 87 Cal.App.4th 722 (Cal. App. 2001):

CALJIC No. 17.40, with which the trial judge twice instructed the jurors, reminded them of their duty to deliberate. However, a party's right to have his case decided by a jury does not necessarily include the right to compel jurors to discuss issues, which they have chosen to decide without discussion. (Vomaska v. City of San Diego (1997) 55 Cal.App.4th 905, 910-911.) The trial court correctly instructed the jury that "each [juror] must decide how [he or she] will deliberate and engage in that deliberation."

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