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Name: People v. Engelman
Case #: S086462
Court: CA Supreme Court
District CalSup
Opinion Date: 07/18/2002
Subsequent History: None

CALJIC No. 17.41.1, which informs the jurors that they should report perceived improprieties by other jurors, does not infringe upon a defendant’s federal or state constitutional right to trial by jury or his right to a unanimous verdict. However, the instruction should not be given in future trials, because it has the potential to intrude unnecessarily on the deliberative process and affect both the right of jurors to express differing opinions, and the proper receptivity to the views of fellow jurors. Requiring the jurors to “snitch” could curtail or distort deliberations.