Is a prosecutor's rude and intemperate behavior in the course of a criminal case a violation of the federal Constitution?

California, United States of America


The following excerpt is from People v. Poletti, 193 Cal.Rptr.3d 415, 240 Cal.App.4th 1191 (Cal. App. 2015):

A prosecutor's rude and intemperate behavior violates the federal Constitution when it comprises a pattern of conduct so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process. (People v. Espinoza (1992) 3 Cal.4th 806, 820, 12 Cal.Rptr.2d 682, 838 P.2d 204 (Espinoza ).) But conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. (Ibid. )

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