What is the test for substituting jurors in a jury trial?
California, United States of America
The following excerpt is from People v. Brownlee, C039532. (Cal. App. 2003):
We take some guidance from People v. Delamora (1996) 48 Cal.App.4th 1850, a case where before substitution of jurors the jury had deliberated for over three days. "When two jurors were replaced without any inquiry about whether they would be willing to remain another day even if their employers would not pay them, the reconstituted jury reached a verdict in about three
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