Can a prosecutor use a quotation critical of the legal profession in a closing argument to the jury?

California, United States of America


The following excerpt is from People v. Gionis, 40 Cal.Rptr.2d 456, 892 P.2d 1199, 9 Cal.4th 1196 (Cal. 1995):

Recently, this court held that quotations critical of the legal profession have no place in closing argument to the jury. (People v. Hawthorne (1992) 4 Cal.4th 43, 60, 14 Cal.Rptr.2d 133, 841 P.2d 118.) In Hawthorne, the prosecutor impugned the integrity of defense counsel, in part by quoting from a concurring and dissenting opinion by Justice White in United States v. Wade (1967) 388 U.S. 218, 256-258, 87 S.Ct. 1926, 1947-48, 18 L.Ed.2d 1149. 4 We condemned the prosecutor's conduct: "The closing statements of counsel should relate to the law and the facts of the case as each side interprets them. [The quotation] interject[s] an extraneous generalization, potentially diverting the jury's attention from the specifics upon which they must focus." (People v. Hawthorne, supra, at p. 60, 14 Cal.Rptr.2d 133, 841 P.2d 118.) Here, too, each of the quotations used by the prosecutor interjected "an extraneous generalization, potentially diverting the jury's attention...."

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