Is "intemperate behavior" by a prosecutor in a civil case a violation of the federal constitution?

California, United States of America


The following excerpt is from People v. Clark, B258237 (Cal. App. 2016):

The state and federal standards for prosecutorial misconduct are well established. "Intemperate behavior" by a prosecutor 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. Redd (2010) 48 Cal.4th 691, 733, internal quotations omitted.) If the challenged conduct does not violate the federal constitution, it may still be prosecutorial misconduct under state law, but "only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the trial court or the jury." (Id. at p. 734, internal quotations omitted.)

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