What is the test for misconduct in criminal law when a prosecutor uses deceptive or reprehensible methods to persuade the jury to convict him?

California, United States of America


The following excerpt is from People v. Banuelos, E063987 (Cal. App. 2017):

"'The standards governing review of misconduct claims are settled. "A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct, and such actions require reversal under the federal Constitution when they infect the trial with such '"unfairness as to make the resulting conviction a denial of due process."' [Citations.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial." [Citation.] . . . When a claim of misconduct is based on the prosecutor's comments before the jury, "'the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.'" [Citations.]'" (People v. Gonzales (2012) 54 Cal.4th 1234, 1275.)

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