What constitutes a prosecutor's conduct in the federal and state criminal courts?

California, United States of America


The following excerpt is from People v. Cannon, E064706 (Cal. App. 2018):

A prosecutor's conduct violates the federal Constitution when it "comprises a pattern of conduct so 'egregious that it infects the trial with such unfairness as to make the conviction a denial of due process.'" (People v. Navarette (2003) 30 Cal.4th 458, 506.) Under our state's Constitution the question is whether the prosecutor used "deceptive or reprehensible methods to attempt to persuade either the court or the jury." (Ibid.) In this vein, the prosecution "cannot present evidence it knows is false and must

Page 9

Other Questions


Can a federal prosecutor be found to have violated the federal and state constitutions in their conduct at trial? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
What is the current state of the federal and state constitutions governing the trial of a criminal defendant who is mentally incompetent? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (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)
Does a federal and state prosecutor's conduct constitute prosecutorial misconduct? (California, United States of America)
Is there a federal or state standard of conduct by a prosecutor that does not render a criminal trial fundamentally unfair? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.