What constitutes prosecutorial misconduct in federal and state law?

California, United States of America


The following excerpt is from People v. Jones, C058911 (Cal. App. 2011):

A prosecutor's behavior violates the federal Constitution when it amounts to a pattern of conduct that is so egregious that it fills the entire trial with such unfairness that any conviction violates due process. Less severe conduct that does not render a trial fundamentally unfair is prosecutorial misconduct under state law only when it encompasses the use of reprehensible or deceptive methods to try and persuade the court or jury. (People v. Samayoa (1997) 15 Cal.4th 795, 841; People v. Espinoza (1992) 3 Cal.4th 806, 820.)

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