What is prosecutorial misconduct in the closing argument of a criminal case?

California, United States of America


The following excerpt is from People v. Alvarado-Cisneros, A158059 (Cal. App. 2020):

One example of prosecutorial misconduct during closing argument is disparaging opposing counsel. (Gionis, supra, 9 Cal.4th at p. 1215.) Another brand of misconduct involves vouching for the strength of the prosecution's case by invoking the prosecutor's personal prestige, reputation, or depth of experience, or the prestige or reputation of the office, in support of it. (People v. Huggins (2006) 38 Cal.4th 175, 206-207 (Huggins).) Prosecutors also may not offer personal opinions regarding the evidence that are based on facts outside the record. (Id. at p. 207.) And they may not appeal to the jury's passion or prejudices: "It is, of course, improper to make arguments to the jury that give it the impression that 'emotion may reign over reason,' and to present 'irrelevant information or inflammatory rhetoric that diverts the jury's attention from its proper role, or invites an irrational, purely subjective response.' " (People v. Redd (2010) 48 Cal.4th 691, 742 (Redd).)

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