When can a defendant appeal a decision based on "jury misconduct"?

A defendant can appeal a decision based on "jury misconduct" specifically when the misconduct possibly influenced the verdict. This is because one of the fundamental principles of a fair trial is that the verdict must be based solely on the evidence presented during the trial and the law as instructed by the judge. If it can be shown that the jury engaged in misconduct—such as discussing outside information, improper communications with non-jurors, or failing to adhere to instructions—there is a potential that this behavior affected the jury's decision-making process.

Proving that the misconduct influenced the outcome is crucial. The appeal will likely focus on how this misconduct created a possibility of prejudice or bias, thereby undermining the integrity of the trial results.

The other options, while they may relate to issues concerning a jury, do not directly address the conditions under which jury misconduct might warrant an appeal. Bias against a defendant is inherently a concern, but not all bias translates to misconduct affecting a verdict. New evidence can indeed warrant an appeal, but that falls outside the realm of jury misconduct. Similarly, diversity issues, while important in terms of representation, do not automatically qualify as misconduct unless they specifically led to an unfair trial impacting the verdict.