What is the test for a defense attorney to respond to a prosecutor's improper argument?
California, United States of America
The following excerpt is from People v. Torres, B262351 (Cal. App. 2016):
"the reasonable person in this scenario, whether that person would have reacted from passion rather than judgment." A defense attorney's decision to respond to a prosecutor's improper argument, rather than object to it, is a tactical one. (See, e.g., People v. Slaughter (2002) 27 Cal.4th 1187, 1209-1210.)
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