Legal Question in Criminal Law in California
If California law requires a trial judge to impanel plaintiffs on the jury is that fraud upon the court?
1 Answer from Attorneys
You question is quite unclear.
Your statement that "California law requires a trial judge to impanel plaintiffs on the jury" is not a correct statement of the law. Quite the opposite.
A 'plaintiff' who is by definition a Party to the case, obviously can NOT be on the jury on that case.
If you mean that someone related to a party, or otherwise 'secretly' involved in the case somehow, is allowed to become a jury, over the objection of one of the attorneys, that would be grounds fora Motion, mistrial, appeal, or other relief if brought in a timely manner.
If a prospective juror lies or withholds information about his 'bias' or connection to the case, he would be removed if discovered before the trial ends, possibly punished for his misconduct.
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