Can a jury be compelled to testify at a post-verdict evidentiary hearing regarding allegations of juror misconduct?

California, United States of America


The following excerpt is from People v. Cleveland, 106 Cal.Rptr.2d 313, 21 P.3d 1225, 25 Cal.4th 466 (Cal. 2001):

We held in People v. Hedgecock (1990) 51 Cal.3d 395, 418, 272 Cal.Rptr. 803, 795 P.2d 1260 that jurors could be compelled to testify at a postverdict evidentiary hearing regarding allegations of juror misconduct, but observed that "to avoid a chilling effect on the jury's deliberations, a trial court may decline to require jurors to testify when the testimony will relate primarily to the content of the jury deliberations." We stated: "In rare circumstances a statement by a juror during deliberations may itself be an act of misconduct, in which case evidence of that statement is admissible. [Citation.] But when a juror in the course of deliberations gives the reasons for his or her vote, the words are simply a verbal reflection of the juror's mental processes. Consideration of such a statement as evidence of those processes is barred by Evidence Code section 1150." (Id. at p. 419, 272 Cal.Rptr. 803, 795 P.2d 1260.)

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