California, United States of America
The following excerpt is from People v. Durant, A151338 (Cal. App. 2019):
It is improper for a prosecutor to appeal to a jury's sympathy. (People v. Fields (1983) 35 Cal.3d 329, 362.) Nor may a prosecutor make arguments to the jury that create an impression that " ' "emotion may reign over reason," ' " and to present " ' "irrelevant information or inflammatory rhetoric that diverts the jury's attention from its proper role, or invites an irrational, purely subjective response." ' " (People v. Linton (2013) 56 Cal.4th 1146, 1210.) Durant contends the prosecutor did just that by asking him on cross-examination: "She [the victim's mother] thinks you killed her son. Do you realize that?"
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