California, United States of America
The following excerpt is from People v. Briceno, D066407 (Cal. App. 2015):
We are also not persuaded the negative atmosphere in the jury room, if there was one, supports a finding of bias. Heated deliberations do not constitute prejudicial misconduct. (People v. Keenan (1988) 46 Cal.3d 478, 541.)
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" '[T]he criminal justice system must not be rendered impotent in quest of an ever-elusive perfection. The jury system is fundamentally human, which is both a strength and a weakness. [Citation.] Jurors are not automatons. They are imbued with human frailties as well as virtues. If the system is to function at all, we must tolerate a certain amount of imperfection short of actual bias. To demand theoretical perfection from every juror during the course of a trial is unrealistic.' " (People v. Danks (2004) 32 Cal.4th 269, 304.) There is no evidence of prejudicial misconduct in this case and the court did not abuse its discretion in denying the defense motion for a mistrial.
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