Is a jury's "only statutory task" to advise the court that the jury has agreed upon their verdict?

California, United States of America


The following excerpt is from People v. Cabrera, F064340 (Cal. App. 2014):

Defendant argues that the court's comment was wrong as a matter of law because a foreperson's "only statutory task" is to advise the court or clerk whether the jurors have agreed upon their verdict. (See 1149.) That may be the foreperson's only statutory task. (See People v. Perez (1989) 212 Cal.App.3d 395, 402). However, the foreperson's special role in facilitating deliberations, even if nonstatutory, has long been recognized. (See People v. Ledesma (2006) 39 Cal.4th 641, 730; see also CALCRIM 3550 ["The foreperson should see to it that your discussions are carried on in an organized way and that everyone has a fair chance to be heard"].)

Other Questions


How have courts dealt with the situation where the verdict form signed by the jury is different in some respect from the verdict as declared and acknowledged in open court? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
How has the court treated the jury in a trial where the trial court advised the jury to continue deliberating on a motion? (California, United States of America)
Is a jury required to agree unanimously as to which theory of guilt the jury accepted in support of a first degree murder verdict? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
How have the courts dealt with a plaintiff's claim that the death verdict was based on a series of statutory, constitutional and statutory violations? (California, United States of America)
When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
What is the effect of the court's comment on defendant's testimony that there is a reasonable probability the jury can agree on a verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.