California, United States of America
The following excerpt is from People v. Castro, 184 Cal.App.3d 849, 229 Cal.Rptr. 280 (Cal. App. 1986):
People v. Martinez (1978) 82 Cal.App.3d 1, 147 Cal.Rptr. 208, notes that because a fair trial includes the right to an unbiased jury, the question whether a defendant has been injured by jury misconduct in receiving evidence outside of court necessarily depends upon (1) whether the jury's impartiality has been adversely affected; (2) whether the prosecution's burden of proof has been lightened; and (3) whether any asserted defense has been contradicted. "If the answer to any of these questions is in the affirmative, the defendant has been prejudiced and the conviction must be reversed." (82 Cal.App.3d at p. 22, 147 Cal.Rptr. 208, emphasis added.)
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