Can a prosecutor make false or unsubstantiated accusations that counsel is fabricating or deceiving the jury?
California, United States of America
The following excerpt is from People v. Dunston, B295178 (Cal. App. 2020):
Even if we considered appellant's claim on the merits, we would not find prosecutorial error. "A prosecutor is not permitted to make false or unsubstantiated accusations that counsel is fabricating a defense or deceiving the jury." (People v. Clark
Page 13
(2011) 52 Cal.4th 856, 961.) A prosecutor has "wide latitude in describing the deficiencies in opposing counsel's tactics . . . ." (People v. Bemore (2000) 22 Cal.4th 809, 846.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is it improper for a prosecutor to accuse a defense counsel of fabricating a defense or imply that counsel is free to deceive the jury? (California, United States of America)
Is it generally improper for a prosecutor to accuse defense counsel of fabricating a defense, or to imply that counsel is free to deceive the jury? (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)
Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (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)
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)
If a prosecutor makes an assertion that defense counsel sought to deceive the jury, would misconduct be established? (California, United States of America)
Can a jury be misled by the unadorned instruction of the prosecutor and defense counsel that the jury has sole responsibility to determine whether death is appropriate in this case? (California, United States of America)
Does the prosecutor's statement on rebuttal that defense counsel testified that there are no apartment complexes directly across from the Perezes improperly accused her counsel of testifying? (California, United States of America)
Is there any case law where a prosecutor's argument that a jury would be "damaging" to the jury has been interpreted in the context of a jury trial? (California, United States of America)
