Does a prosecutor commit misconduct by asking a jury to "do the right thing" and "to ensure justice is done" in a jury trial?
California, United States of America
The following excerpt is from People v. Cole, H046569 (Cal. App. 2021):
Urging the jury to "[d]o the right thing" and to ensure "justice is done" are not the same as expressing a personal belief in the defendant's guilt based on evidence that was not introduced at trial. (See People v. Medina (1995) 11 Cal.4th 694, 759 [prosecutor did not commit misconduct by asking the jury to " 'do the right thing,' " and " 'to do justice' " for the victim by convicting the defendant]; cf. People v. Wash (1993) 6 Cal.4th
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