In what circumstances will a prosecutor be found guilty of misconduct for using deceptive or reprehensible methods to persuade the jury to convict a defendant?

California, United States of America


The following excerpt is from People v. Haskett, 180 Cal.Rptr. 640, 30 Cal.3d 841, 640 P.2d 776 (Cal. 1982):

Although the prosecutor's argument is unusual, we are guided by well-established principles in deciding whether it constituted misconduct: "Prosecutorial misconduct implies the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. [Citation.] The ultimate question to be decided is, had the prosecutor refrained from the misconduct, is it reasonably probable that a result more favorable to the defendant would have occurred." (People v. Strickland (1974) 11 Cal.3d 946, 955, 114 Cal.Rptr. 632, 523 P.2d 672.)

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