What is the effect of the admonishment given to the jury by a prosecutor in a sexual assault case?

California, United States of America


The following excerpt is from People v. Davidson, B223722 (Cal. App. 2012):

Nevertheless, any prosecutorial error was cured by the trial court's immediate admonition to the jury "to judge the case based on the evidence they've heard, and not to speculate on what a victim may or may not have said." "[I]t is assumed the jury followed the admonishment and that prejudice was therefore avoided." (See People v. Mendoza, supra, 42 Cal.4th at p. 701 [declining to resolve whether prosecutor's comment was improper where trial court sustained defense objections and admonished the jury to disregard the comments]; cf. People v. Duncan (1991) 53 Cal.3d 955, 981 ["the curative effect of the admonition that immediately preceded the statements had a carry-over effect to encompass the latter statements as well"].) The jury was also instructed not to be influenced by "bias, sympathy, prejudice or public opinion."

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