Can a prosecutor argue that defense counsel's argument is "intemperate" and "bald-faced lie"?

California, United States of America


The following excerpt is from The People v. Raahauge, A128019, No. VCR204482 (Cal. App. 2010):

However, courts have concluded that such comments, even if intemperate in tone, may be permissible where the prosecutor is trying to re-focus the jury on the facts and evidence in response to argument by defense counsel. For example, in People v. Stanley (2006) 39 Cal.4th 913, the court found the prosecutor did not commit misconduct when he argued that defense counsel " 'imagined things that go beyond the evidence' and told [the jury] a 'bald-faced lie.' " (Id. at p. 952.) Rather, the court concluded the remarks were merely responsive to defense counsel's argument, in that "[t]he prosecutor's argument, although intemperate in tone, did little more than urge the jury not to be influenced by counsel's arguments, and to instead focus on the testimony and evidence in the case. [Citation.]" (Ibid.)

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