In what circumstances will a judge strike or strike improper remarks made by a prosecutor?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bonga, 889 F.2d 1096 (9th Cir. 1989):

In all of the cases on which appellant relies the judge neither struck any of the improper remarks, nor were appropriate instructions given to the jury. For example, in United States v. Modica, 663, F.2d 1173 (2nd Cir.1981), cert. denied, 456 U.S. 989 (1982), cited by appellant, the court held that the judge should have stricken the remarks and immediately given proper instructions to the jurors pertaining to the remarks. Id. at 1179. Additionally, the court held that in sum, the prosecutor's three improper remarks, "although improper and uncorrected, did not result in substantial prejudice to appellant or deprive him of a fair trial." Id. at 1182 (emphasis added).

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