Is a prosecutor improperly seeking to invite a jury to punish a plaintiff for exercising his right to go to trial?
California, United States of America
The following excerpt is from People v. Brown, A156883 (Cal. App. 2020):
which the trial court overruled. Defendant contends that in so arguing, the prosecutor improperly sought to penalize him for exercising his right to go to trial. (See Burns v. Gammon (8th Cir. 1999) 173 F.3d 1089, 1095-1096 [improper for prosecutor to invite jury to punish petitioner for taking case to trial].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does plaintiffs' counsel have a right to seek a motion for a new trial or reversal of the judgment on that ground? (California, United States of America)
Can a defendant be punished if he exercises his right to a jury trial? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation? (California, United States of America)
Does testimony at a criminal trial and statements to prosecutors preparing for a trial fall under the definition of activity in furtherance of the right to free speech or petition? (California, United States of America)
