Is there any case law where a prosecutor manipulated mitigating evidence to support their argument that a defendant suffered from an antisocial personality disorder and was violent and uncontrollable?

California, United States of America


The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):

Defendant contends that in cross-examination and closing argument, the prosecutor "manipulated" defendant's mitigating evidence to support the prosecutor's argument that defendant suffered from an antisocial personality disorder and was violent and uncontrollable, and that defendant was therefore likely to harm other inmates if sentenced to life imprisonment without possibility of parole. There was no impropriety in the prosecutor's conduct. The defense offered expert testimony that defendant had "a high ability to function without any particular problems in a structured environment like a prison setting." The prosecutor was entitled to refute that testimony by cross-examining the expert about evidence that defendant might behave violently in prison, and by relying on that evidence in closing argument. (People v. Morris (1991) 53 Cal.3d 152, 219, 279 Cal.Rptr. 720, 807 P.2d 949.)

Defendant complains that on two occasions the prosecutor asked questions implying that defendant had additional criminal convictions not known to the jury. Defendant's failure to object on either occasion precludes him from raising this issue. (People v. Hines, supra, 15 Cal.4th 997, 1045, 64 Cal.Rptr.2d 594, 938 P.2d 388.)

Other Questions


What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
In a personal injury action against defendant in a civil case, what is the effect of the Evidence Code section 352 argument to impeach a mother's denial of violent conduct? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
What is the effect of a prosecutor's argument to a jury in a criminal case that the jury should consider mitigation in all mitigation evidence? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the claim? (California, United States of America)
Does the fact that evidence of a defendant's previous violent crimes is not indicative of his character or mental condition render the evidence inadmissible? (California, United States of America)
Does a jury have to consider all of the mitigation evidence presented by defendant in mitigation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.