What is the current state of the law on the definition of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Dietz, A140421 (Cal. App. 2015):

3. "[T]he term prosecutorial 'misconduct' is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind. A more apt description of the transgression is prosecutorial error." (People v. Hill (1998) 17 Cal.4th 800, 823, fn. 1.)

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