Is a prosecutor held to a higher professional standard than an attorney?

California, United States of America


The following excerpt is from People v. Hein, 104 Cal.Rptr.2d 85 (Cal. App. 2001):

"A prosecutor is held to a standard higher than that imposed on other attorneys because of the unique function he or she performs in representing the interests, and in exercising the sovereign power, of the state. [Citation.]" (People v. Hill (1998) 17 Cal.4th 800, 820.)

While it is reasonable to argue that many comments in the rebuttal by Latin fall below the standard of professional responsibility expected of prosecutors, they also fall far short of the constant and egregious misconduct present in People v. Hill, supra, 17 Cal.4th 800.

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