Is a pretrial arrangement for separate juries proper where the prosecution and the defense have mutual consent and court approval?

California, United States of America


The following excerpt is from People v. Nicolaus, 286 Cal.Rptr. 628, 54 Cal.3d 551, 817 P.2d 893 (Cal. 1991):

Recently, we held that a pretrial arrangement for separate juries was proper where "the arrangement was agreed to, prior to trial, by both the [54 Cal.3d 573] prosecution and the defense, and implemented by order of the court pursuant to its discretion under section 190.4, subdivision (c)." (People v. Beardslee, supra, 53 Cal.3d at pp. 101-102, 279 Cal.Rptr. 276, 806 P.2d 1311.) Absent such mutual consent and court approval, however, "[s]ection 190.4, subdivision (c) protects the prosecution and the defense against being deprived of the benefits of a single jury against either party's will." (Id. at p. 102, 279 Cal.Rptr. 276, 806 P.2d 1311, italics added.)

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