What is the test for a claim of improper conduct by a prosecutor?

California, United States of America


The following excerpt is from People v. Dizon, B227550 (Cal. App. 2011):

"A prosecutor's conduct violates a defendant's constitutional rights when the behavior comprises a pattern of conduct so egregious that it infects '"the trial with unfairness as to make the resulting conviction a denial of due process." [Citation.]' [Citation.] The focus of the inquiry is on the effect of the prosecutor's action on the defendant, not on the intent or bad faith of the prosecutor. [Citation.] Conduct that does not render a trial fundamentally unfair is error under state law only when it involves '"'the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.'" [Citation.]' [Citation.]" (People v. Mendoza (2007) 42 Cal.4th 686, 700.)

"A defendant's conviction will not be reversed for prosecutorial misconduct, however, unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct. [Citation.] Also, a claim of prosecutorial misconduct is not preserved for appeal if defendant fails to object and seek an admonition if an objection and jury admonition would have cured the injury. [Citation.]" (People v. Crew (2003) 31 Cal.4th 822, 839.)

Other Questions


When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury? (California, United States of America)
What is the test for a claim of improper conduct by a prosecutor? (California, United States of America)
What is the test for a claim of improper conduct by a prosecutor? (California, United States of America)
When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper? (California, United States of America)
What is the test for a claim of prosecutorial misconduct when a prosecutor's comments to the jury before the jury in a criminal case are deemed improper or improper? (California, United States of America)
In what circumstances will the court allow the jury to instruct the jury that improper conduct by agents was limited to the alleged improper conduct of the agents? (California, United States of America)
Does a defendant have to forfeit a claim that a prosecutor improperly argued that he was entitled to be heard as an unsworn witness? (California, United States of America)
Can a defendant bring a claim against the prosecutor for improper comment on his failure to testify? (California, United States of America)
Can a prosecutor improperly present improper evidence to a jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.