Is it improper for a district attorney to appeal to the passion or prejudice of the jury?

California, United States of America


The following excerpt is from The People v. Felix, G042243, No. RIF123485 (Cal. App. 2010):

It is improper for a district attorney to appeal to "'the passion or prejudice of the jury.'" (People v. Young (2005) 34 Cal.4th 1149, 1195.) "A prosecutor is allowed to make vigorous arguments and may even use such epithets as are warranted by the evidence, as long as these arguments are not inflammatory and principally aimed at arousing the passion or prejudice of the jury." (People v. Pensinger (1991) 52 Cal.3d 1210, 1251.)

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