What is the test for misconduct in the criminal justice system?
MultiRegion, United States of America
The following excerpt is from U.S. v. Espinal, 981 F.2d 664 (2nd Cir. 1992):
Review of prosecutorial misconduct rests on three factors: "the severity of the misconduct, the measures adopted to cure the misconduct, and the certainty of conviction absent the misconduct." United States v. Friedman, 909 F.2d 705, 709 (2d Cir.1990). Review of such misconduct must consider the objectionable remarks within the context of the entire trial. United States v. Young, 470 U.S. 1, 11-12, 105 S.Ct. 1038, 1044, 84 L.Ed.2d 1 (1985).
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