How have the courts interpreted the prosecutor's argument in a mental health trial for a finding of insanity?

California, United States of America


The following excerpt is from People v. Gaines, C076921 (Cal. App. 2015):

We do not read the prosecutor's initial argument as inviting the jury to consider the penalty in deciding whether defendant was insane at the time of his crimes or as a suggestion that a finding of sanity might turn defendant loose to reoffend. Rather, we interpret the argument to suggest that because the evidence of defendant's guilt was so strong, defendant, who would not accept full responsibility for his actions, felt an insanity plea was his only option. In any event, any error was cured by the court's further instruction, explaining that a finding of insanity was not a "get out of jail free" card, and expressly telling the jury not to consider where or for how long defendant would be confined in making its decision. Absent evidence to the contrary, we presume the jury followed the court's instruction. (People v. Gray (2005) 37 Cal.4th 168, 217.)

Other Questions


Does a court have to give deference to a prosecutor's argument that the prosecutor's credibility was compromised by the trial court? (California, United States of America)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
How will the Court of Appeal interpret the implied findings of fact made by a trial court in support of an order? (California, United States of America)
How have courts treated mental health issues in a mental health case? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.