Is a juror who refuses to follow their instructions "unable to perform his duty" subject to discharge by the court?

California, United States of America


The following excerpt is from People v. Salazar, D066882 (Cal. App. 2015):

" 'A juror who refuses to follow the court's instructions is "unable to perform his duty" within the meaning of Penal Code section 1089.' " (People v. Wilson, supra, 43 Cal.4th at p. 25.) This includes instructions that "each juror render a verdict 'according to the evidence presented and the instructions of the court' " (ibid.) or that each juror " 'will consider all of the evidence, follow the law, exercise your discretion conscientiously, and reach a just verdict.' 'A juror who actually refuses to deliberate is subject to discharge by the court [citation] . . . .' [Citations.] 'A refusal to deliberate consists of a juror's

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