Can a prosecutor be found guilty of misconduct for referring to facts not in evidence?
California, United States of America
The following excerpt is from People v. Jenkins, F069275 (Cal. App. 2016):
Referring to facts not in evidence is misconduct. (People v. Hill (1998) 17 Cal.4th 800, 827-828). Further, "[a]lthough prosecutors have wide latitude to draw inferences from the evidence presented at trial, mischaracterizing the evidence is misconduct. [Citations.]" (Id. at p. 823.) Neither occurred.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
If a prosecutor tries to inflame the passions of the jury against a defendant, or cites to facts not in evidence, is he guilty of misconduct? (California, United States of America)
What is the evidence supporting a finding that a person who was found guilty of sexual assault by reason of abuse has been found guilty by a jury? (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)
In what circumstances will a prosecutor be found not guilty of misconduct for failing to warn a witness not to refer to other investigations? (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)
Can a federal and state prosecutor be found guilty of misconduct for misconduct in a criminal case? (California, United States of America)
In what circumstances will a prosecutor be found not guilty of misconduct for failing to warn a witness not to refer to other investigations? (California, United States of America)
Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence? (California, United States of America)
Can a prosecutor be found guilty of misconduct for failing to disclose evidence to the defense? (California, United States of America)
