What is the authority of a trial court to discharge a juror?

California, United States of America


The following excerpt is from People v. Salinas-Jacobo, 245 Cal.Rptr.3d 361, 33 Cal.App.5th 760 (Cal. App. 2019):

Penal Code section 1089 gives a trial court authority to discharge a juror, " If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty .... " A juror who "refuses to follow the courts instructions is unable to perform his duty within the meaning of Penal Code section 1089." ( People v. Williams (2001) 25 Cal.4th 441, 448, 106 Cal.Rptr.2d 295, 21 P.3d 1209.)

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