What is the standard of review of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Criscione, 125 Cal.App.3d 275, 177 Cal.Rptr. 899 (Cal. App. 1981):

Appellant complains of four instances of prosecutorial misconduct, and of the cumulative effect thereof. Recently, in People v. Green (1980) 27 Cal.3d 1, 164 Cal.Rptr. 1, 609 P.2d 468, our high court clarified the standards for review of prosecutorial misconduct. If no objection was made below, the objection will be deemed waived unless the misconduct was so egregious it could not have been cured by a timely admonition or retraction by the prosecutor. (Id., at pp. 27-35, 164 Cal.Rptr. 1, 609 P.2d 468.) If a successful objection was made below and the jury was admonished, then the question for this court is whether, based on the whole record, there was a miscarriage of justice. (Id., at p. 29, 164 Cal.Rptr. 1, 609 P.2d 468.)

The first complaint of misconduct arose under the following circumstances.

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