Does a prosecutor have a duty to appeal to a jury's sympathy?
California, United States of America
The following excerpt is from People v. Chao, B266774 (Cal. App. 2017):
Phoebe contends the prosecutor impermissibly appealed to jury sympathy. However, "[T]he prosecutor is not required to shield the jury from all favorable inferences about the victim's life or to describe relevant events in artificially drab or clinical terms." (People v. Millwee (1998) 18 Cal.4th 96, 138.) This was fair argument, and no prosecutorial misconduct occurred.
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