Can a prosecutor improperly ask a defendant to plead not guilty by reason of insanity?

California, United States of America


The following excerpt is from People v. Hernandez, A140625 (Cal. App. 2016):

On appeal, appellant contends the prosecutor's questioning was improper because it effectively "invited jurors to draw an adverse inference from [appellant's] entry of a plea of not guilty by reason of insanity, his presentation of an insanity defense, and his exercise of his right to a jury trial on this issue. . . . [T]he prosecutor here suggested that jurors infer, from [appellant's] insanity plea, that he had a motive to lie." (See United States v. Whitten (2d Cir. 2010) 610 F.3d 168, 194-196 (Whitten) [prosecutor improperly used the defendant's demand for a trial as evidence of lack of remorse and refusal to accept responsibility].)

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