What is the difference between clerical error in recording a verdict and deliberative error in reaching a verdict?

California, United States of America


The following excerpt is from People v. Romero, 183 Cal.Rptr. 663, 31 Cal.3d 685, 646 P.2d 824 (Cal. 1982):

The majority opinion fails to grasp the crucial distinction between clerical errors in recording a verdict and deliberative errors in reaching a verdict. Instead, it attempts to rely on People v. Hutchinson, supra, a case which does not even involve clerical error, for the proposition that juror affidavits cannot be used to establish that a reported verdict does not represent the actual verdict. (See maj. opn., at pp. 668-670 of 8 Cal.Rptr., pp. 830-831 of 646 P.2d.)

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