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

California, United States of America


The following excerpt is from People v. Fennell, B288293 (Cal. App. 2019):

personality." [Citation.] 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, 819-820, italics added.)

In determining whether misconduct has occurred, "'[a prosecutor's] "good faith vel non" is not "crucial." [Citation.] That is because the standard in accordance with which his conduct is evaluated is objective.' [Citation.]" (People v. Alvarez (1996) 14 Cal.4th 155, 213.)

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