If a prosecutor has made a number of improper statements in their closing argument, would the defense counsel have been within the bounds of reasonable competence to respond with an objection?
California, United States of America
The following excerpt is from People v. Milner, 246 Cal.Rptr. 713, 45 Cal.3d 227, 753 P.2d 669 (Cal. 1988):
Even if one or more of the statements were improper, none of them took up more than a few lines of the prosecutor's lengthy closing argument. Defense counsel would therefore have been well within the bounds of reasonable competence had he chosen to ignore the statements rather than draw attention to them with an objection. (See People v. Fosselman, supra, 33 Cal.3d at p. 582, 189 Cal.Rptr. 855, 659 P.2d 1144; People v. Pope, supra, 23 Cal.3d at pp. 425-426, 152 Cal.Rptr. 732, 590 P.2d 859.) Indeed, there is some indication (see ante, p. 724 of 246 Cal.Rptr., p. 680 of 753 P.2d, fn. 12) that counsel here made that tactical choice.
2. Fair Trial and Due Process.
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