In what circumstances will counsel not appeal to the jury's passions or sympathies at the guilt phase of a criminal trial?
California, United States of America
The following excerpt is from People v. Milton, B282447 (Cal. App. 2018):
In addition, it is well settled that at the guilt phase of a criminal trial, counsel should not appeal to the jury's passions or sympathies. (People v. Fields (1983) 35 Cal.3d 329, 362 (Fields); People v. Botkin (1908) 9 Cal.App. 244, 259.)
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