Can a defense counsel's emotional plea to the jury in a criminal case be sustained against the prosecutor's objection?

California, United States of America


The following excerpt is from People v. Stevens, A131249 (Cal. App. 2012):

In this court, appellant contends that the trial court erred by sustaining the prosecutor's objection. We disagree. " ' "It is, of course, improper to make arguments to the jury that give it the impression that 'emotion may reign over reason,' and to present 'irrelevant information or inflammatory rhetoric that diverts the jury's attention from its proper role, or invites an irrational, purely subjective response.' [Citation.]" ' 'It has long been settled that appeals to the sympathy or passions of the jury are inappropriate at the guilt phase of a criminal trial.' [Citation.]" (People v. Vance (2010) 188 Cal.App.4th 1182, 1192.) Therefore, the trial court did not abuse its discretion by sustaining the objection to defense counsel's emotional plea.

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