Can a prosecutor appeal to the jury's passions or prejudice?

California, United States of America


The following excerpt is from People v. Espinoza, B292621 (Cal. App. 2020):

This was not an improper appeal to the jury's passions or prejudice as opposed to a fair and vigorous comment on the evidence. (See People v. Fields (1983) 35 Cal.3d 329, 362-363.) A prosecutor is given wide latitude so long as argument amounts to fair comment on the evidence, which can include reasonable inferences, or deductions to be drawn therefrom. (People v. Thomas (2012) 53 Cal.4th 771, 822.) The evidence did show that the victim and Espinoza were in a cycle in which she would go back to him after he abused her.

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