Chapter 13 Trial Proceedings After Jury Selection

• Jurisdiction: United States

Chapter 13 Trial Proceedings After Jury Selection

Public Hearing

Generally, trials are open proceedings that the public and press are allowed to attend, subject to a motion to exclude. Cal. Const. art. 1, §30; Cal. Penal Code §§868, 868.7.

Juror Substitution

Cal. Penal Code §1089 allows for the discharge of a sitting juror for good cause only. If the case has not gone into deliberation phase, the issue is usually easily resolved with substitution by an alternate juror. However, if the trial has entered the deliberation phase, this is a very tricky issue with high potential for error. (See Chapter 16.)

Jury Question

While a jury is deliberating, they often have questions regarding the evidence or the law. Under Cal...