California, United States of America
The following excerpt is from People v. Gucciardo, C064533, Super. Ct. No. 08F05324 (Cal. App. 2012):
A prosecutor commits misconduct when he invites jurors to view the case from the perspective of the alleged victim. Such comments invite the jury to depart from their required impartiality and, to the extent they appeal to the jury's sympathy or passion, they are inappropriate. (People v. Fields (1983) 35 Cal.3d 329, 362; People v. Lopez (2008) 42 Cal.4th 960, 969-970.) Defendant asserts the prosecution's statement that the jury should "think about it from [the victim's] perspective" was an effort to garner the jury's sympathy.
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