How have the courts dealt with errors made by a prosecutor at the trial of a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Basler, D068047 (Cal. App. 2015):

We conclude the prosecutor's errors were not prejudicial. The trial court sustained objections as to each improper argument. And, as we have noted, the trial court admonished the jury after the prosecutor's argument with the following special instruction: "Your decisions must be based on reason and logic. You may not be swayed by any emotional appeals by the prosecutor or any attacks by him against any attorney." Viewed in context and in light of the entire record, the prosecutor's comments did not deprive the defendants of a fair trial. Nor did these brief statements have the potential to improperly sway the jury. There is no reasonable probability that Black would have obtained a more favorable result absent the errors. (See People v. Stansbury, supra, 4 Cal.4th at p. 1057.)

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