What is the effect of a prosecutor's biblical argument to the jury in a death penalty case?

California, United States of America


The following excerpt is from People v. Samuels, 113 P.3d 1125, 30 Cal.Rptr.3d 105, 36 Cal.4th 96 (Cal. 2005):

We have previously stated, "`[t]he primary vice in referring to the Bible and other religious authority is that such argument may "diminish the jury's sense of responsibility for its verdict and ... imply that another, higher law should be applied in capital cases, displacing the law in the court's instructions."' [Citations.]" (People v. Hughes (2002) 27 Cal.4th 287, 389, 116 Cal.Rptr.2d 401, 39 P.3d 432.)

Even if the prosecutor's argument was error, such error was harmless. (People v. Slaughter (2002) 27 Cal.4th 1187, 1211, 120 Cal.Rptr.2d 477, 47 P.3d 262.) The prosecutor's biblical argument was only a small part of her argument, the bulk of which focused on arguing to the jury why it should find that the statutory aggravating factors outweighed the mitigating factors.

c) Prosecutor's alleged statements suggesting ultimate responsibility for imposing the death penalty did not rest with the jury

Other Questions


When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
In a death penalty case, in what circumstances will the jury award the death penalty? (California, United States of America)
In what circumstances will the court review the imposition of the death penalty in a death penalty case? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
Is Section 190.1 of the California Death Penalty Code applicable to a case in which the death penalty may be imposed? (California, United States of America)
Does a prosecutor's argument to the jury that society "cries out for the death penalty" mislead the jury? (California, United States of America)
Does a prosecutor's argument in a civil case that a jury should consider whether there was an aggravative factor in the case? (California, United States of America)
What is the principal problem with a proposed instruction in a death penalty case where the jury is instructed to accept a sentence of death or life without possibility of parole? (California, United States of America)
Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.