What is the current state and federal law regarding prosecutorial misconduct?

California, United States of America


The following excerpt is from The People v. Montes, B216923, Super. Ct. No. NA081455 (Cal. App. 2010):

"The applicable federal and state standards regarding prosecutorial misconduct are well established. ' "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.]" (People v. Samayoa (1997) 15 Cal.4th 795, 841.) "As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety. [Citation.]" (Ibid.; see also People v. Thompson (2010) 49 Cal.4th 79, 126.)

A. The prosecutor's cross-examination of defendant.

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