What is the test for a prosecutor to persuade the court or the jury in a criminal case?
California, United States of America
The following excerpt is from People v. Salazar, H039968 (Cal. App. 2015):
persuade either the court or the jury.' " ' " (Ibid.) An appellate court reviews the prosecutor's comments to determine "whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (Ibid.) Though prosecutors have wide latitude in drawing inferences from the evidence presented at trial, it is misconduct to misstate the law. (People v. Boyette (2002) 29 Cal.4th 381, 435 (Boyette).)
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