California, United States of America
The following excerpt is from People v. Snider, B280572 (Cal. App. 2018):
Appeals to the sympathy or passions of jurors are improper. (People v. Fields (1983) 35 Cal.3d 329, 362.) Here, the prosecutor's brief commentto give justice to the victimseven if inappropriate "constituted a mere passing reference of no real import to the case." (People v. Dykes (2009) 46 Cal.4th 731, 772.) When the prosecutor's entire argument is placed in context, it cannot reasonably be understood to suggest jurors should convict defendant on any basis other than finding the evidence demonstrated his guilt beyond a reasonable doubt. The isolated statement defendant emphasizes cannot reasonably be understood to invoke emotions or cloud juror's deliberations. The prosecutor did not exhort jurors to step into the shoes of victims. Nor did she describe the harm suffered by the victims as a consequence of defendant's conduct. Nor did she ask jurors to consider the impact on the victims' families.
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