What constitutes improper language and improper gestures in relation to defense counsel's representation of a client?

California, United States of America


The following excerpt is from People v. Peoples, 198 Cal.Rptr.3d 365, 365 P.3d 230, 62 Cal.4th 718 (Cal. 2016):

Defendant notes that the prosecutor used improper language and made improper gestures in relation to defense counsel's representation of his client. In particular, the prosecutor repeatedly characterized defendant's arguments or the testimony of defendant's experts as "ludicrous," "ridiculous," "preposterous," "outrageous," "offensive," "shock[ing]" or "bull," and engaged in numerous "theatrics" such as slamming books, making facial expressions, laughing, throwing his hands in the air, and sighing audibly. Although some of the prosecutor's behavior was unprofessional, the facts recited above do not constitute prosecutorial misconduct. Using colorful or hyperbolic language will not generally establish prosecutorial misconduct. (People v. Stitely (2005) 35 Cal.4th 514, 559560, 26 Cal.Rptr.3d 1, 108 P.3d 182.) Neither does making overly dramatic gestures. And importantly, almost all of the occurrences cited by defendant occurred outside the presence of the jury.

Other Questions


What constitutes improper language and improper gestures in relation to defense counsel's representation of a client? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
Is it improper for a prosecutor to accuse a defense counsel of fabricating a defense or imply that counsel is free to deceive the jury? (California, United States of America)
Is it generally improper for a prosecutor to accuse defense counsel of fabricating a defense, or to imply that counsel is free to deceive the jury? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Does the prosecutor's statement on rebuttal that defense counsel testified that there are no apartment complexes directly across from the Perezes improperly accused her counsel of testifying? (California, United States of America)
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Can a prosecutor who described the defense case as "ludicrous," "contrived" and "bogus" in his arguments to the jury use improper or improper language? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.