How have the courts treated the allegation of Prosecutorial misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Armijo, 221 Cal.App.3d 271, 270 Cal.Rptr. 496 (Cal. App. 1990):

[221 Cal.App.3d 281] Appellant objects, arguing that the question by the prosecutor was not asked in good faith. The record does not support this contention. Prosecutorial misconduct implies a dishonest act or an attempt by an attorney to persuade the court or jury by use of deceptive or reprehensible means. (People v. Beivelman (1968) 70 Cal.2d 60, 75, 73 Cal.Rptr. 521, 447 P.2d 913.) Here, the prosecutor informed the court that at the preliminary hearing appellant's brother threatened the teenage witnesses. This representation is supported by the preliminary hearing transcript. It reveals that at the preliminary hearing, the court noted the presence of "a rather large gentleman seated in the audience glaring at all three witnesses.... He was rather intimidating in his demeanor. As each witness filed into the courtroom, they looked in his direction before taking the stand. He continued to glare at them the entire time they were testifying. [p] In fact, I will also note that one of the other officers that is present in the court today happened to note the same thing I did and moved closer to this gentleman, as he felt his demeanor was threatening, as well." The question was asked in good faith.

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