Can a prosecutor be found guilty of misconduct under the Fourteenth Amendment of the Federal Criminal Code for making false statements to the jury?

California, United States of America


The following excerpt is from People v. Jackson, 1 Cal.5th 269, 205 Cal.Rptr.3d 386, 376 P.3d 528 (Cal. 2016):

A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury. [Citation.] When a claim of misconduct is based on the prosecutor's comments before the jury, as all of defendant's claim are, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. (People v. Gonzales (2011) 52 Cal.4th 254, 305, 128 Cal.Rptr.3d 417, 256 P.3d 543.)

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