Can a federal prosecutor be found to have committed misconduct in the course of a criminal trial?
California, United States of America
The following excerpt is from People v. Koplen, F073136 (Cal. App. 2019):
A prosecutor's misconduct violates the federal Constitution and requires reversal when it infects the trial with such unfairness as to deny due process. (People v. Tully (2012) 54 Cal.4th 952, 1009.) Under state law, a prosecutor's conduct not rendering a criminal trial fundamentally unfair is still misconduct if it involves the use of deceptive or reprehensible methods in attempting to persuade the trier of fact. (Id. at pp. 1009-1010.)
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