What is the impact of the prosecutor's argument to the jury of a sexual assault trial on the victim's mental health?

California, United States of America


The following excerpt is from People v. Adams, H036738 (Cal. App. 2012):

The prosecutor also argued to the jury that "[w]hen you go home at the end of the day, that is your sanctuary. It has been a long day today, and I can't wait to get in the car to go home[,] to take off my [heels], relax. It is raining out. All you want to do is go home. You don't feel well, what do you want to do? You want to go home, but he stole that from them, and now home isn't safe." " '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." [Citation.]' [Citation.]" (People v. Redd (2010) 48 Cal.4th 691, 742.) "[A]n appeal for sympathy for the victim is out of place during an objective determination of guilt."

Page 20

Other Questions


In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Does the Attorney General have a valid argument that a prosecutor's argument in a sexual assault case was misconduct because it was inflammatory and sought to engender sympathy for the victim's son? (California, United States of America)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case? (California, United States of America)
Can a prosecutor make an argument that imploring the jury to consider the impact of the crime's impact on the victim's family? (California, United States of America)
What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.