What is the law around "the Golden Rule" argument?

California, United States of America

The following excerpt is from People v. Vance, 10 Cal. Daily Op. Serv. 12, 716, 116 Cal.Rptr.3d 98, 188 Cal.App.4th 1182 (Cal. App. 2010):

*1187 There is a tactic of advocacy, universally condemned across the nation, commonly known as "The Golden Rule" argument. In its criminal variation, a prosecutor invites the jury to put itself in the victim's position and imagine what the victim experienced. This is misconduct, because it is a *1188 blatant appeal to the jury's natural sympathy for the victim. (See People v. Lopez (2008) 42 Cal.4th 960, 969-970, 71 Cal.Rptr.3d 253, 175 P.3d 4 and decisions cited.)

Other Questions

Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Can a jury admonish defense counsel for misconduct by misstating the law, referencing a coplaintiff's husband's income, and using the so-called Golden Rule argument? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
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 counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
Can a defendant manipulate the rule of rule 31(d) to bypass the statutory certificate requirement under section 1237.5 of the Criminal Code? (California, United States of America)
What is the dispositive argument against a defendant's argument that unlawful taking of a vehicle is a lesser included crime of carjacking? (California, United States of America)
How have the courts treated the argument in the context of an argument in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.