What constitutes prosecutorial misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Lozoya, H039145 (Cal. App. 2015):

Under the federal Constitution, a prosecutor commits misconduct when his or her behavior 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. Gionis (1995) 9 Cal.4th 1196, 1214.) If the prosecutor's conduct does not render a criminal trial fundamentally unfair under the federal standard, that conduct is prosecutorial misconduct

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under California law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. (People v. Ochoa (1998) 19 Cal.4th 353, 427.)

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