Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel?

California, United States of America


The following excerpt is from The People v. Kirkland, D055139, No. FSB052861 (Cal. App. 2010):

"A prosecutor commits misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel. [Citations] 'An attack on the defendant's attorney can be seriously prejudicial as an attack on the defendant himself, and, in view of accepted doctrines of ethics and decorum [citation], it is never excusable.' " (People v. Hill (1998) 17 Cal.4th 800, 832.)

Prejudicial prosecutorial misconduct can violate federal due process if it is " 'so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process.' " (People v. Gionis (1995) 9 Cal.4th 1196, 1214.) Even if such conduct does not rise to the level of a due process violation, it may still be a violation of state law if it involvesthe use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.(People v. Espinoza (1992) 3 Cal.4th 806, 820.)

Other Questions


Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does a prosecutor commit misconduct if he or she casts aspersions on defense counsel? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Can a prosecutor commit misconduct if they attack the integrity of defense counsel? (California, United States of America)
Does a prosecutor commit misconduct if he attacks the integrity of defense counsel? (California, United States of America)
Can a prosecutor commit misconduct by attacking the integrity of defense counsel? (California, United States of America)
Does a prosecutor commit misconduct if he attacks the integrity of defense counsel? (California, United States of America)
Can a prosecutor commit misconduct if they attacks the integrity of defense counsel? (California, United States of America)
Does a prosecutor commit misconduct if she attacks the integrity of defense counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.