What constitutes prejudicial misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Bradford, 15 Cal.4th 1229, 65 Cal.Rptr.2d 145, 939 P.2d 259 (Cal. 1997):

Defendant contends that the prosecutors in this case committed prejudicial misconduct following jury selection, during the presentation of evidence, and during closing argument to the jury at the guilt phase. "In general, a prosecutor commits misconduct by the use of deceptive or reprehensible methods to persuade either the court or the jury. [Citations.]" (People v. Price (1991) 1 Cal.4th 324, 447, 3 Cal.Rptr.2d 106, 821 P.2d 610.) The defendant generally need not show that the prosecutor acted in bad faith or with appreciation of the wrongfulness of his or her conduct, because the prosecutor's conduct is evaluated in accordance with an objective standard. (Ibid.; People v. Berryman

Page 205

[15 Cal.4th 1334]

a. Concealment of information regarding a juror

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