Can a prosecutor be found to have committed misconduct by presenting evidence that the prosecutor knows is inadmissible?
California, United States of America
The following excerpt is from People v. Fitch, A139404 (Cal. App. 2015):
"Although offering evidence the prosecutor knows is inadmissible may be misconduct (People v. Scott (1997) 15 Cal.4th 1188, 1218 . . .), the adversarial process generally permits one party to offer evidence, and the other party to object if it wishes, without either party being considered to have committed misconduct. The trial court simply rules on the admissibility of the evidence, as the court did here." (People v. Harris, supra, 37 Cal.4th at p. 344.)
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