What constitutes prosecutorial misconduct in federal and state law?

California, United States of America


The following excerpt is from People v. Norman, A135815 (Cal. App. 2014):

A prosecutor's conduct violates the federal Constitution when it constitutes a pattern so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process. (People v. Morales (2001) 25 Cal.4th 34, 44.) Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. (Ibid.) In addition, when the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion. (Ibid.)

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