Does a prosecutor's comment that "Laws can change, people can escape and the crime is too awful" prejudiced a jury?

California, United States of America


The following excerpt is from People v. Mitcham, 1 Cal.4th 1027, 5 Cal.Rptr.2d 230, 824 P.2d 1277 (Cal. 1992):

The prosecutor's comments in the present case referred to matters extraneous to the penalty determination. They were too indefinite, however, to have prejudiced defendant. He did not refer to the actual possibility of release by such means as escape or commutation, but averred only as a matter of common sense to the reality that an imprisoned criminal will probably always be seeking release. The prosecutor's remarks here are similar to, but less direct than, those in People v. Hovey, supra, 44 Cal.3d 543, 581, 244 Cal.Rptr. 121, 749 P.2d 776 (" 'Laws can change, people can escape and the crime is too awful ...' "). There we found no prejudicial error in such remarks, characterizing them as matters of common knowledge likely to be appreciated by every juror making the penalty determination. We conclude no prejudicial misconduct occurred in the present case.

Page 265

[1 Cal.4th 1078] [824 P.2d 1312] L. Failure to reinstruct the jury on general principles.

Other Questions


Can a jury be found to have been prejudiced by a judge who made a nonstandard comment to the jury during jury selection? (California, United States of America)
Is there any case law where a prosecutor's argument that a jury would be "damaging" to the jury has been interpreted in the context of a jury trial? (California, United States of America)
What is the test for misconduct in a criminal case where a prosecutor's comment to the jury that the jury can restore law and order to the community was impropriety? (California, United States of America)
When a prosecutor asks a jury to follow the law, what is the impact of the law on the jury? (California, United States of America)
What is the test for misconduct in a criminal case when a prosecutor's comments to the jury before the jury are deemed to have prejudiced the trial? (California, United States of America)
In what circumstances will a prosecutor's comments to the jury change the burden of proof? (California, United States of America)
Can a jury overturn a finding that a prosecutor's comments were improperly applied to the jury? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
In what circumstances will a jury find that a prosecutor's comment that a victim consented to the crime was not an aggravating factor under section 190.3 aggravation be harmless? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.