Can a prosecutor in a civil case argue to a jury that it can find a defendant guilty based on a reasonable account of the evidence?

California, United States of America


The following excerpt is from People v. Vaughn, B277941 (Cal. App. 2018):

This argument did not misstate the law. A prosecutor may not tell a jury that it can "find [a] defendant guilty based on a 'reasonable' account of the evidence" because doing so violates the mandate that a verdict rest upon a finding of guilt beyond a reasonable doubt. (People v. Centeno (2014) 60 Cal.4th 659, 673, italics omitted.) However, a prosecutor may urge the jury to "'decide what is reasonable to believe versus unreasonable to believe' and to 'accept the reasonable and reject the unreasonable'" because that urging does not dilute the

Page 29

prosecution's burden of proof. (People v. Romero (2008) 44 Cal.4th 386, 416.) The prosecutor's argument in this case falls into the latter category, and not the former: She implored the jury to "decide" "[w]hat's reasonable" and to "reject what's unreasonable"; at no point did she state that any reasonable account of the evidence satisfied the People's burden of proof beyond a reasonable doubt.

Other Questions


Can a prosecutor in a civil case argue to a jury that it can find a defendant guilty based on a reasonable account of the evidence? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
What is the test for determining whether there is substantial evidence by which a reasonable trier of fact could find a defendant guilty beyond a reasonable doubt? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code? (California, United States of America)
Does a prosecutor have a valid argument to argue that a defendant has a reasonable chance of a successful defence in a civil case? (California, United States of America)
Is there any case law where a defendant alleges that a prosecutor argued facts not in evidence? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.