Can a prosecutor imply that the defense was fabricated?

California, United States of America


The following excerpt is from People v. Brown, 212 Cal.App.3d 1409, 261 Cal.Rptr. 262 (Cal. App. 1989):

In his statement to the jury, a prosecutor may go so far as to imply that the defense was fabricated if such inference is supported by the evidence. [212 Cal.App.3d 1425] People v. Milner (1988) 45 Cal.3d 227, 245, 246 Cal.Rptr. 713, 753 P.2d 669.) In the matter in issue here, however, we find no indication of even that kind of assertion in the prosecutor's argument. The prosecutor merely commented on the credibility and relevance

Page 272

c. Urging jury to disregard the law.

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