Can a prosecutor ask prospective jurors whether they have ever been charged with a crime or convicted?

California, United States of America


The following excerpt is from People v. Flores, E071975 (Cal. App. 2020):

Here, by contrast, the prosecutor asked the prospective jurors whether "you or somebody who you're close to or a friend or relative [had] ever been charged with a crime or convicted." Defendant does notand cannotargue this question was improper. (See People v. Cowan, supra, 50 Cal.4th at p. 450 ["A prospective juror's negative experience with the criminal justice system, including arrest, is a legitimate, race-neutral reason for excusing the juror."].)

Other Questions


Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Can a prosecutor ask prospective jurors whether they would vote to convict if he proved defendant guilty beyond a reasonable doubt? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a prospective juror allowed to ask prospective jurors about mitigation or aggravation in a death penalty case? (California, United States of America)
Does a prospective juror have to rely on a "prosecutor relied on to excuse" to excuse the prospective jury? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.