Is it misconduct for a prosecutor to act as his own expert witness?

California, United States of America


The following excerpt is from People v. Vasquez-Zapata, H041908 (Cal. App. 2016):

Defendant asserts that it was misconduct for the prosecutor to act as his own expert witness by presenting his own opinions about "the 'open and shut' nature of real-life criminal cases" and for him to appeal to the jurors' passions by suggesting that defendant had confessed and the trial was waste of the jurors' time. "[I]t is misconduct for prosecutors to vouch for the strength of their cases by invoking their personal prestige, reputation, or depth of experience, or the prestige or reputation of their office, in support of it. [Citations.] Specifically, a prosecutor's reference to his or her own experience, comparing a defendant's case negatively to others the prosecutor knows about or has tried, is improper. [Citation.] Nor may prosecutors offer their personal opinions when they are based solely on their experience or on other facts outside the record. [Citations.]" (People v. Huggins (2006) 38 Cal.4th 175, 206-207 (Huggins).)

Other Questions


Does a prosecutor's statement that defense counsel had not disclosed a witness on the witness list constitute misconduct? (California, United States of America)
Is there any case law where an expert has been charged with misconduct while engaged as an expert witness? (California, United States of America)
Is it misconduct for a prosecutor to ask a witness if he believes another witness is intentionally lying? (California, United States of America)
Can a prosecutor ask a witness in a civil case if they have been asked to suggest that Page 22 of the S.S.O.A.C.D.O., is there any case law in which a prosecutor has been found guilty of misconduct? (California, United States of America)
Is a prosecutor misconduct by commenting on a defense's failure to call a witness that the prosecutor knows is unavailable? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
In what circumstances will a prosecutor be found not guilty of misconduct for failing to warn a witness not to refer to other investigations? (California, United States of America)
Can a prosecutor request a judicial order mandating that a witness provide answers on topics that the witness has characterized as self-incriminating? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.