Is it improper for a prosecutor to misrepresentate the standard of reasonable doubt?

California, United States of America


The following excerpt is from People v. Walker, A151650 (Cal. App. 2019):

Appellant additionally contends the prosecutor distorted and misstated the standard of reasonable doubt, then exacerbated the error by telling the jury that some of the instructions it was given might not apply.10 " '[I]t is improper for the prosecutor to misstate the law generally [citation], and particularly to attempt to absolve the prosecution from its prima facie obligation to overcome reasonable doubt on all elements [citation].' " (People v. Cortez (2016) 63 Cal.4th 101, 130, quoting People v. Marshall, supra, 13 Cal.4th at p. 831.)

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