Can a prosecutor be found guilty of misconduct if he intentionally asks questions that are inadmissible?

California, United States of America


The following excerpt is from People v. Parsons, 156 Cal.App.3d 1165, 203 Cal.Rptr. 412 (Cal. App. 1984):

"A prosecutor is under a duty to guard against inadmissible statements from his witnesses and guilty of misconduct when he violates that duty...." (People v.

Page 416

When a prosecutor intentionally asks questions, the answers of which he knows are inadmissible, the prosecutor is guilty of bad faith attempts to improperly persuade the court or jury. (People v. Mazoros (1977) 76 Cal.App.3d 32, 48, 142 Cal.Rptr. 599.)

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