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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