California, United States of America
The following excerpt is from The People v. Mis, B104316, No. BA121843 (Cal. App. 2011):
Defendant contends that the prosecutor appealed to the passions and prejudices of the jury during closing argument. He referred to matters intended to appeal to the jurors' fears of gang or youth violence, the proliferation of guns, and the youth culture's disregard for human life. Even though defense counsel did not object, the prejudicial effect of the misconduct is still grounds for reversal under the exception set out in People v. Sorenson (1964) 231 Cal.App.2d 88, 92-93, i.e., "where the case is closely balanced and there is grave doubt of defendant's guilt, and the acts of misconduct are such as to contribute materially to the verdict." There is a reasonable probability that, absent the misconduct, the jury would have reached a different result.
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