California, United States of America
The following excerpt is from People v. Engelman, 121 Cal.Rptr.2d 862, 28 Cal.4th 436, 49 P.3d 209 (Cal. 2002):
The majority's other stated concern is the risk that the instruction might "draw the court unnecessarily into delicate and potentially coercive exploration of the subject matter of deliberations." (Maj. opn., ante, 121 Cal.Rptr.2d at p. 871, 49 P.3d at p. 217.) But the risk that a juror might misunderstand the instruction is of no importance, inasmuch as a court's intervention is permitted "`only where the court possesses information which, if proven to be true, would constitute "good cause" to doubt a juror's ability to perform his duties and would justify his removal from the case.'" (People v. Cleveland (2001) 25 Cal.4th 466, 478, 106 Cal.Rptr.2d 313, 21 P.3d 1225, italics added.) Even when presented with such information, the trial court's inquiry "should be as limited in scope as possible, to avoid intruding unnecessarily upon the sanctity of the jury's deliberations." (Id. at p. 485, 106 Cal. Rptr.2d 313, 21 P.3d 1225.) A trial court could thus be drawn unnecessarily into the subject matter of deliberations only by misapplying the standard set forth in Cleveland. (Cf. United States v. Thomas (2d Cir.1997) 116 F.3d 606, 622 [the standard governing dismissal of a juror "also serves to protect against overly intrusive judicial inquiries into the substance of the jury's deliberations"].) The permissibility of a jury instruction should not be judged against the possibility that trial courts will misconstrue our precedents.
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