What is the substantial likelihood test for determining whether a juror has been prejudiced at trial?
California, United States of America
The following excerpt is from People v. Rodrigues, 36 Cal.Rptr.2d 235, 8 Cal.4th 1060, 885 P.2d 1 (Cal. 1994):
As we explained in People v. Marshall, supra, the substantial likelihood test is " 'an objective standard. In effect, the court must examine the extrajudicial material and then judge whether it is inherently likely to have influenced the juror.' [Citation.] [p] Such 'prejudice analysis' is different from, and indeed less tolerant than, 'harmless-error analysis' for ordinary error at trial." (50 Cal.3d at p. 951, 269 Cal.Rptr. 269, 790 P.2d 676.)
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