What is the effect of comments made by a retired police officer to a prospective jury?

California, United States of America


The following excerpt is from People v. Lizarraga, F072572 (Cal. App. 2018):

The jurors' comments were not inflammatory, nor would the comments create bias on behalf of the other jurors. Significantly, the comments at issue "did not give the other prospective jurors information specific to the case" (People v. Cleveland (2004) 32 Cal.4th 704, 736 (Cleveland)), but just exposed them to three individuals' biases towards appellant. Courts have routinely held that comments of bias on the part of prospective jurors do not serve to prejudice other jurors on the panel. "It would no more prejudice a jury panel to hear that a retired (or active) peace officer believes the system is tilted in

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favor of defendants than to hear a criminal defense attorney express the opposite view." (Ibid.)

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