How have the courts treated the testimony of the prosecutor in a jury trial?
California, United States of America
The following excerpt is from The People v. Escoto, B221519, Los Angeles County Super. Ct. No. KA085904 (Cal. App. 2011):
Further, prejudice was avoided by the trial court's instruction to the jury that counsel's arguments were not evidence. Jurors are presumed to understand and follow their instructions. (People v. Mills (2010) 48 Cal.4th 158, 200.) As defendant has pointed to no evidence to the contrary, we assume the jurors relied on the circumstantial evidence that his gun had been loaded, not the prosecutor's remarks.
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