People v. Collins (1976)

In People v. Collins (1976) 17 Cal.3d 687, 131 Cal. Rptr. 782, 552 P.2d 742, after deliberations had begun, a juror requested that she be excused because she "felt more emotionally than intellectually involved and . . . thought she would not be able to make a decision based on the evidence or the law." ( Id. at p. 690.) The Supreme Court found the juror's assertions that she had been upset during the trial and could not perform her duty established good cause for her discharge. ( Id. at p. 696.) Although Juror No. 1 did not expressly say he could not decide based strictly on the evidence and the law, his letter proved he could not. The court in Collins conducted a more extensive inquiry, but this was not required in the instant case. The juror in Collins was in a highly emotional state, whereas Juror No. 1 was articulate and precise, and he fully stated in his letter his grounds for wishing to be excused. "The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry." (People v. Beeler (1995) 9 Cal.4th 953, 989, 891 P.2d 153; see also People v. Keenan, supra, 46 Cal.3d at p. 539 trial court has "broad discretion as to the mode of investigation of allegations of juror misconduct"; People v. Dell (1991) 232 Cal. App. 3d 248, 255, 283 Cal. Rptr. 361 after juror's request for dismissal, good cause determination does not always require a hearing.) The California Supreme Court held that the right to trial by jury under the California Constitution (Cal.Const., art. I, 16) includes "the requirements that a jury in a felony prosecution consist of 12 persons and that its verdict be unanimous." (Collins, supra, 17 Cal.3d at p. 693.) The Supreme Court noted those requirements are part of the broader right that " requires each juror to have engaged in all of the jury's deliberations. . . . The requirement that 12 persons reach a unanimous verdict is not met unless those 12 reach their consensus through deliberations which are the common experience of all of them. It is not enough that 12 jurors reach a unanimous verdict if 1 juror has not had the benefit of the deliberations of the other 11. Deliberations provide the jury with the opportunity to review the evidence in light of the perception and memory of each member. Equally important in shaping a member's viewpoint are the personal reactions and interactions as any individual juror attempts to persuade others to accept his or her viewpoint. The result is a balance easily upset if a new juror enters the decision-making process after the 11 others have commenced deliberations. The elements of number and unanimity combine to form an essential element of unity in the verdict. By this we mean that a defendant may not be convicted except by 12 jurors who have heard all the evidence and argument and who together have deliberated to unanimity." (Ibid.) Collins construed Penal Code section 1089, which provides for substitution of alternate jurors, to require "that deliberations begin anew when a substitution is made after final submission to the jury. This will insure that each of the 12 jurors reaching the verdict has fully participated in the deliberations, just as each had observed and heard all proceedings in the case." (Collins, supra, 17 Cal.3d at p. 694.) Accordingly, Collins construed "Penal Code section 1089 to provide that the court instruct the jury to set aside and disregard all past deliberations and begin deliberating anew. The jury should be further advised that one of its members has been discharged and replaced with an alternate juror as provided by law; that the law grants to the People and to the defendant the right to a verdict reached only after full participation of the 12 jurors who ultimately return a verdict; that this right may only be assured if the jury begins deliberations again from the beginning; and that each remaining original juror must set aside and disregard the earlier deliberations as if they had not been had." (Collins, supra, 17 Cal.3d at p. 694.)