Does a prosecutor need to be careful not to suggest "facts not in evidence" outside of the record?

California, United States of America


The following excerpt is from The People v. Alonso, F058239, No. VCF195586 (Cal. App. 2010):

The prosecutor's attempts were not improper vouching for a witness. "A prosecutor may not suggest the existence of '"facts"' outside of the record by arguing matters not in evidence. [Citation.] Nor may a prosecutor suggest that matters outside the record establish the veracity of a witness; however, the prosecutor may assure the jury of a witness's apparent honesty or reliability based on matters in the record. [Citations.]" (People v. Woods (2006) 146 Cal.App.4th 106, 113 (Woods).) The prosecutor's questions, while perhaps not relevant, were not an attempt to suggest matters outside the

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