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Name: People v. Morgan
Case #: C032328
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/29/2000
Subsequent History: Review Granted March 14, 2001 (S094101)
Summary

The trial court properly gave CALJIC 17.41.1, which instructed the jurors to advise the court if any juror expressed an intent to disregard the law. The instruction serves an important function of protecting the due process right of litigants to a fair trial. It merely reiterates some of the jurors’ duties and advises them that they should advise the court if they believe a fellow juror is engaging in misconduct. It does not operate in any way to coerce a juror to abandon his view. If it discourages jurors from exercising the power of jury ification, it does so “for good reason.” Jury ification threatens the rule of law and is unfair to a party in the case; it is an illegitimate power that courts cannot condone.