Is it improper for a prosecutor to appeal to the jury's sympathy for the victim?

California, United States of America


The following excerpt is from People v. Rodriguez, C086353 (Cal. App. 2019):

"[O]rdinarily, 'a prosecutor may not invite the jury to view the case through the victim's eyes, because to do so appeals to the jury's sympathy for the victim.' " (Lopez, supra, 42 Cal.4th at pp. 969-970.) It is also improper to appeal to the self-interest of jurors or to urge them to view the case from a personal point of view. (People v. Pitts (1990) 223 Cal.App.3d 606, 696.) Such argument improperly invites jurors to exercise "subjective judgment rather than an impartial judgment predicated on the evidence" and

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