What is the test for substituting a juror and requiring a jury to begin deliberations anew?

California, United States of America


The following excerpt is from People v. Aikens, 207 Cal.App.3d 209, 254 Cal.Rptr. 30 (Cal. App. 1988):

"The requirement that juries begin deliberations anew after a juror has been substituted would be rendered nugatory if the reconstituted jury is likely to accept, as conclusively established, facts that could underlie, if not necessarily establish, its verdict on the open charges.... While the jury was not technically required to accept the facts underlying the partial verdict, the likelihood that deliberations would truly 'begin anew' was so remote, in our opinion, as to foreclose juror substitution." (State v. Corsaro, supra, 526 A.2d at p. 1054.)

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