What is the test for determining whether a federal prosecutor's behavior violates the federal Constitution?
California, United States of America
The following excerpt is from People v. Bettencourt, C058010 (Cal. App. 6/5/2009), C058010 (Cal. App. 2009):
A prosecutor's behavior violates the federal Constitution when it is so egregious it renders the trial unfair and constitutes a denial of due process. (People v. Gionis (1995) 9 Cal.4th 1196, 1214.) Under California law, conduct by a prosecutor who does not render a trial unfair is nevertheless misconduct if it involves the use of deceptive or reprehensible methods in an attempt to persuade the court or jury. (People v. Espinoza (1992) 3 Cal.4th 806, 820.) To preserve a claim of prosecutorial misconduct for appellate review, a defendant must timely object and request an admonition, unless an admonition would be futile. (People v. Samayoa (1997) 15 Cal.4th 795, 841.)
A. Reasonable Doubt
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