Does a prosecutor have a right to discuss the presumption of innocence in his closing argument?

California, United States of America


The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):

We disagree. "[T]he prosecutor has a wide-ranging right to discuss the case in closing argument. He has the right to fully state his views as to what the evidence shows and to urge whatever conclusions he deems proper." (People v. Lewis (1990) 50 Cal.3d 262, 283, 266 Cal. Rptr. 834, 786 P.2d 892.) Here, the prosecutor's references to the presumption of innocence were made in connection with his general point that, in his view, the

[25 Cal.Rptr.3d 729]

evidence, to which he had just referred at length, proved defendant's guilt beyond a reasonable doubt, i.e., the evidence overcame the presumption.

[25 Cal.Rptr.3d 729]

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