Is it misconduct for a prosecutor to appeal to the passions and prejudice of the jury?
California, United States of America
The following excerpt is from The PEOPLE v. WELLS, H033524, No. CC630499 (Cal. App. 2010):
It is misconduct for a prosecutor to appeal to the passions and prejudice of the jury. (People v. Mayfield(1997) 14 Cal.4th 668, 803.) An appeal to the passions and prejudices of the jury is an appeal that is wholly irrelevant to any facts or issues in the case. (Viereck v. U.S. (1943) 318 U. S. 236, 247 [63 S.Ct. 561].)
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