What is the test for dismissing a juror for cause?

California, United States of America


The following excerpt is from People v. Lacey, B295947 (Cal. App. 2020):

"While a trial court has broad discretion to remove a juror for cause, it should exercise that discretion with great care." (Barnwell, supra, 41 Cal.4th at p. 1052.) The trial court's decision to dismiss a sitting juror will be upheld on review if the juror's inability to serve appears in the record "as a 'demonstrable reality.' " (People v. Wilson (2008) 44 Cal.4th 758, 821.) This standard of review is more stringent than the deferential

Page 30

Other Questions


Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
Does good cause for dismissal after a juror's request to be dismissed require a hearing? (California, United States of America)
Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
Is a juror entitled to an excuse prior to dismissing the juror? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
Can a prosecutor challenge for cause a prospective juror for cause? (California, United States of America)
Can a holdout juror be dismissed for disagreeing with the other jurors? (California, United States of America)
Is there good cause for disclosure of juror information to support a motion for new trial based on juror misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.