Can a prosecutor ask a witness not to discuss certain subject area in their closing argument?

California, United States of America


The following excerpt is from People v. McDowell, 250 Cal.Rptr. 530, 46 Cal.3d 551, 763 P.2d 1269 (Cal. 1988):

We also reject defendant's claim that the prosecutor committed misconduct. No misconduct occurs if a witness is explicitly instructed not to discuss a certain subject area but, as here, ignores that directive. (See People v. Seaton (1983) 146 Cal.App.3d 67, 76-77, 194 Cal.Rptr. 33.) The question the prosecutor asked was entirely proper in light of the fact that the [763 P.2d 1280] witness had been told to limit her answer to defendant's statement that he "knew all the tricks."

D. Prosecutorial Misconduct During Closing Argument

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