Does a prosecutor's use of a cockroach analogy in a criminal case affect the jury's ability to judge the case impartially?

MultiRegion, United States of America

The following excerpt is from U.S. v. Taualii, 56 F.3d 75 (9th Cir. 1995):

Finally, the prosecutor's cockroach analogy did not affect the jury's ability to judge the case impartially. As the district court noted, "the prosecutor intended to clarify the relationship between the guilt of the unindicted coconspirators and the guilt of the defendants." The remarks rebutted defendants' contention that there were other parties responsible for the offenses. The district court determined that there was no prejudicial impact on the jury, and we defer to that determination. See Flake, 746 F.2d at 541 ("We must defer to the district court's determination of the impact of a claim of misconduct on the outcome of a criminal prosecution, because trial judges are in a better position to evaluate its impact."). In any event, the comments made by the prosecutor in this case are no more egregious than those at issue in United States v. Rewald, 889 F.2d 836, 862 (9th Cir. 1989), amended on other grounds, 902 F.2d 18 (1990). We decline to reverse defendants' convictions for prosecutorial misconduct.

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