Does a defense need to make a timely objection to a prosecutor's improper argument?

California, United States of America


The following excerpt is from People v. Kipp, 113 Cal.Rptr.2d 27, 26 Cal.4th 1100, 33 P.3d 450 (Cal. 2001):

"To preserve for appeal a claim of prosecutorial misconduct, the defense must make a timely objection at trial and request an admonition; otherwise, the point is reviewable only if an admonition would not have cured the harm caused by the misconduct." (People v. Price (1991) 1 Cal.4th 324, 447, 3 Cal.Rptr.2d 106, 821 P.2d 610.) Here, the defense made a timely objection to the prosecutor's improper argument but did not request an admonition. Because the trial court indicated that the jury would be instructed "not to be guided by passion or sympathy," the defense may have concluded that the instruction would function as an admonition.

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