What is the test for misconduct in the criminal justice system?

California, United States of America


The following excerpt is from People v. Mondine, F069986 (Cal. App. 2016):

The Fourteenth Amendment to the United States Constitution is violated when a prosecutor's misconduct infects the trial with such unfairness as to deny due process. (People v. Tully (2012) 54 Cal.4th 952, 1009.) The misconduct must be significant enough to deny a fair trial. (Ibid.) Even if the prosecutor's misconduct does not result in a fundamentally unfair trial, California law is violated if the prosecutor used deceptive or reprehensible methods in attempting to persuade the jury or the court. (Id. at pp. 1009-1010.) Prosecutorial misconduct, however, will not result in reversal of a defendant's conviction unless it is reasonably probable the defendant would have obtained a result more favorable without the misconduct. (Id. at p. 1010.)

Other Questions


What is the standard for misconduct in the criminal justice system? (California, United States of America)
Is a defendant's criminal record sufficient to show familiarity with the criminal justice system? (California, United States of America)
What is the test for misconduct in the criminal justice system? (California, United States of America)
What is the standard for misconduct in the criminal justice system? (California, United States of America)
Does Section 1473.6 of the Criminal Code of Ontario have any effect on the appeal of the conviction of a defendant who is no longer in the criminal justice system? (California, United States of America)
What are some cases dealing with misconduct in the criminal justice system? (California, United States of America)
What is the test for misconduct in the criminal justice system? (California, United States of America)
Is a defendant's failure to object at trial to references to misconduct in the criminal justice system invalid? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.