Can a jury construe a prosecutor's statements as statements based on information or evidence outside the trial record?
California, United States of America
The following excerpt is from The People v. Cook, 111 Cal.Rptr.2d 204, 91 Cal. App. 4th 910 (Cal. App. 2001):
Given the context in which the prosecutor's statements were made, the statements themselves, and the court's repeated admonitions to the jury, we find there is no substantial danger the jurors would construe the prosecutor's statements as statements based on information or evidence outside the trial record. (People v. Mayfield, supra, 14 Cal.4th at p. 782.) Accordingly, we find no misconduct.
V. Juror Misconduct
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