What is the test for determining whether a prosecutor intentionally acted improperly?
MultiRegion, United States of America
The following excerpt is from U.S. v. Glover, 83 F.3d 429 (9th Cir. 1996):
Even if we find that the prosecutor did not intentionally act improperly, we must assess whether the conduct affected the outcome of the trial. "The touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor." Smith v. Phillips, 455 U.S. 209, 219, 102 S.Ct. 940, 947 (1982).
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