Does a trial judge have to investigate the contents of a jury book which records how members of the panel have voted on previous juries?

California, United States of America


The following excerpt is from People v. Darmiento, 243 Cal.App.2d 358, 52 Cal.Rptr. 428 (Cal. App. 1966):

Hamer v. United States, 259 F.2d 274 (9th Cir.1958) does not stand for the proposition that the trial judge must investigate the contents of the book as appellants contend. It is to be noted that the appellants made no request that the court inspect the book, but the request was for appellants' attorney to have the right to inspect the book, which the court properly denied. There was no showing upon the part of the appellants that the use of a jury book would result in unfair advantage to the respondent. As stated in Hamer, supra, '* * * The use of 'jury books' showing how members of a jury panel voted on previous juries has long existed in our courts. It has been praised and criticized; attacked and defended. Many an experienced trial lawyer will insist that knowing how a juror votes on one case will not give the slightest indication how he or she would vote on another, even if it is the same kind of case. If the facts differ, it is a different case, and different pressures, feelings, and sympathies come into being. And, of course, facts do differ in each narcotics case; in each tax case; each personal injury case; and each case of any 'type' or 'kind. " (P. 280.)

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