What is the standard for misconduct in the criminal justice system?

California, United States of America


The following excerpt is from The People v. Casey, B214313, No. MA042406 (Cal. App. 2010):

State and federal standards for prosecutorial misconduct "'are well established. "'A prosecutor's... intemperate behavior violates the federal Constitution when it comprises a pattern of conduct so "egregious that it infects the trial with such unfairness as to make the conviction a denial of due process."'" [Citations.] Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves "'"the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury."'"'" (People v. Navarette

Page 13

(2003) 30 Cal.4th 458, 506.) However, even if the prosecutor committed misconduct, the judgment will not be reversed if it is "not reasonably probable that a result more favorable to the defendant would have been reached in its absence." (People v. Barnett (1998) 17 Cal.4th 1044, 1133.)

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