Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence?

California, United States of America


The following excerpt is from People v. Ruiz, F054690 (Cal. App. 2/26/2009), F054690. (Cal. App. 2009):

"It is misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence in violation of a court order. . . . Because we consider the effect of the prosecutor's action on the defendant, a determination of bad faith or wrongful intent by the prosecutor is not required for a finding of prosecutorial misconduct." (People v. Crew (2003) 31 Cal.4th 822, 839 (Crew).) "A prosecutor has the duty to guard against statements by his witnesses containing inadmissible evidence. [Citations.] If the prosecutor believes a witness may give an inadmissible answer during his examination, he must warn the witness to refrain from making such a statement. [Citation.]" (People v. Warren (1988) 45 Cal.3d 471, 481.)

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