No judgment shall be set aside, or new trial
granted, in any cause, on the ground of misdirection of the jury, or of the
improper admission or rejection of evidence, or for any error as to any matter
of pleading, or for any error as to any matter of procedure, unless, after an
examination of the entire cause, including the evidence, the court shall find
(a) The error complained of has resulted in a miscarriage of justice; or
(b) In a jury trial, one or more of the following situations has occurred:
(1) The prospective jurors in voir dire have been
required to answer more than 25 questions about anything other than name,
citizenship, residence within the political subdivision or judicial district,
knowledge of the English language, whether their disabilities of minority are
removed, disablements of rights by a court of the United States or any State,
personal knowledge of or affiliation with the persons, organizations, or events
in the case, or factors that might impose an undue hardship on themselves or
their dependents or that may affect their ability to render an impartial
(2) The jury has been required to take an oath or affirmation to do anything
but "uphold the Constitution and laws of the United States and this
(3) The jury has not been informed of its power and duty to judge both the
law and the facts in the case.
(4) The defense has been prevented from informing the jury of its power and
duty to judge both the law and the facts in the case, or threatened or
penalized in any way for doing so.
(5) All issues of law, including jurisdiction, applicability, and
constitutional compliance, of admission of defense evidence, and of judicial,
prosecutorial, or law enforcement misconduct, have not been argued in the
presence of the jury, and the jury has not been provided with at least one copy
of all pleadings in the case, including amicus curiae briefs and
proposed jury instructions from all parties, and a copy of the constitutions of
the State of California and the United States and all applicable laws and
(6) The jury has not been afforded the opportunity to ask any questions they
may have of any person, including any additional witnesses and evidence they
may require, excepting only evidence illegally obtained.
(7) The jury has not been afforded the use of any documentation they may
request, including the resources of an adequate law library, and competent
assistance in their legal research.
(8) Any person has been excluded from the jury on the basis of his or her
knowledge of the law, familiarity with legal reform advocacy literature, or
involvement in legal reform advocacy activities.
(9) Any juror has been removed from an empaneled jury based on votes made or
vote intentions announced, or if any juror has been asked to report votes made
or vote intentions announced, by any other juror.
(c) In a criminal or competency case, or any case in which the State or any
governmental body petitions to disable the rights, privileges, or immunities of
the defendant, one or more of the following situations has occurred:
(1) The prosecution has failed to prove that the court has
jurisdiction, that the charges are authorized by statute and applicable to the
case, that the offender was physically within the territorial jurisdiction of
the state, political subdivision, and district at the moment the offense
occurred, and that the statutes are authorized by the Constitution.
(2) The accused has not had adequate counsel or representation of his own
choice, not limited to legal professionals.
(3) The rights or immunities, and privileges, of the accused have been
recognized less inclusively or more restrictively than those recognized by the
Constitution for the United States and amendments thereto, substituting
"State" for "United States", "Legislature" for
"Congress", or "Governor" for "President", as
appropriate to make such recognitions applicable to the State, as individual
(4) The accused or any witness against him has been induced to make any plea
or testimony based on any reward or penalty, or threats of prosecution of, or
offers of lenity to, himself or others.
(5) A complete and accurate permanent public record has not been made of all
proceedings in the case, beginning with arraignment, including interrogations,
negotiations, and discussions among the accused, his accusers, attorneys, and
judges in the case, excepting only private communications between attorney and
(6) The accused has been previously tried on the same offense in a jury
trial in which a mistrial was declared because the jury could not agree.
(7) The accused has been charged with an offense of violating a disablement
of a right not explicitly disabled in a sentencing order of a court of
competent jurisdiction, or had a penalty imposed which exceeds such explicit
(8) The rights of the accused, particularly those recognized in Article 1
Section 13 hereof, have been violated.
(9) A general verdict, that is, a verdict of "guilt proven" or
"guilt not proven", was not rendered by a unanimous vote of a jury of
twelve, selected at random from among residents of the jurisdiction who are
citizens of the United States of America or its territories, with no more than
fifty percent excluded in voir dire.
(10) The accused, upon conviction, has not had the opportunity to argue for
a less restrictive disablement of his rights, privileges, or immunities in a
sentencing hearing, in which the prosecution shall have the burden of proving
the lawfulness and justice of a more restrictive disablement.
(d) In any case, if the defendant has been denied the right to possession
and use of a complete record at no cost to him, or to make or have made
audiovisual recordings, of any proceedings, including proceedings outside of
court, involving the case, or to make such recordings part of the public record
and release it to the public, subject only to the security of witnesses and
(e) In the appeal of any case, appellant has been denied the right to
petition without penalty or disablement, to counsel of his choice, not limited
to legal professionals, to appear in propria persona, or to be denied
any due process rights recognized for appellants in the courts of the United