What constitutes prosecutorial misconduct in the context of the Fourteenth Amendment?

California, United States of America


The following excerpt is from People v. Brewster, E071685 (Cal. App. 2020):

"'"'"A prosecutor's . . . intemperate behavior violates the federal Constitution when it 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.'"' [Citations.] 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.'"' [Citation.]" [Citation.]'" (People v. Zambrano (2004) 124 Cal.App.4th 228, 241.)

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"'"A prosecutor's misconduct violates the Fourteenth Amendment to the United States Constitution when it 'infects the trial with such unfairness as to make the conviction a denial of due process.'"'" (People v. Tully (2012) 54 Cal.4th 952, 1009.) A prosecutor's misconduct violates California law if it involves the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. (Id. at pp. 1009-1010.) An objection must be raised, and an admonition sought for the issue to be preserved on appeal. (Id. at p. 1010.)

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