Are statements about the role of prosecutors and defense counsel in determining the guilt of a defendant in a criminal case relevant?

California, United States of America


The following excerpt is from People v. Brown, C056510 (Cal. App. 1/13/2010), C056510. (Cal. App. 2010):

Nor were the statements about the respective roles of the prosecutor and defense counsel misconduct. We disagree with defendant's assertion that this statement implied the prosecutor "had not presented all evidence of guilt because he was one of the good guys who sought justice." Again, we can discern no such implication in the prosecutor's comments. The prosecutor's statements were not an expression of a personal belief in defendant's guilty based on matters not in evidence. Rather, the comments expressed a confidence, a belief, in the evidence presented. (People v. Brown (1981) 119 Cal.App.3d 116, 133.)

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