2009 California Penal Code - Section 1065-1089 :: Chapter 1. Challenging The Jury

PENAL CODE
SECTION 1065-1089

1065.  If, either upon an exception to the challenge or a denial of
the facts, the challenge is allowed, the Court must discharge the
jury so far as the trial in question is concerned. If it is
disallowed, the Court must direct the jury to be impaneled.

[1083.]  Section Ten Hundred and Eighty-three. The Court must allow
or disallow the challenge, and its decision must be entered in the
minutes of the Court.

1089.  Whenever, in the opinion of a judge of a superior court about
to try a defendant against whom has been filed any indictment or
information or complaint, the trial is likely to be a protracted one,
the court may cause an entry to that effect to be made in the
minutes of the court, and thereupon, immediately after the jury is
impaneled and sworn, the court may direct the calling of one or more
additional jurors, in its discretion, to be known as "alternate
jurors."
   The alternate jurors must be drawn from the same source, and in
the same manner, and have the same qualifications as the jurors
already sworn, and be subject to the same examination and challenges,
provided that the prosecution and the defendant shall each be
entitled to as many peremptory challenges to the alternate jurors as
there are alternate jurors called. When two or more defendants are
tried jointly each defendant shall be entitled to as many peremptory
challenges to the alternate jurors as there are alternate jurors
called. The prosecution shall be entitled to additional peremptory
challenges equal to the number of all the additional separate
challenges allowed the defendant or defendants to the alternate
jurors.
   The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and must
attend at all times upon the trial of the cause in company with the
other jurors, and for a failure so to do are liable to be punished
for contempt.
   They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury the alternate jurors shall be kept
in the custody of the sheriff or marshal and shall not be discharged
until the original jurors are discharged, except as hereinafter
provided.
   If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take a place in the jury box,
and be subject to the same rules and regulations as though the
alternate juror had been selected as one of the original jurors.


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