Can a prosecutor's conduct violate the due process clause of the Fourteenth Amendment?
California, United States of America
The following excerpt is from People v. Caldwell, H036965 (Cal. App. 2013):
A prosecutor's conduct violates the due process clause of the Fourteenth Amendment to the United States Constitution when the prosecutor's misconduct renders the trial "fundamentally unfair." (Strickland v. Washington (1984) 466 U.S. 668, 700.)
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"Improper argument by a prosecutor reaches this threshold of fundamental unfairness if it is 'so egregious as to create a reasonable probability that the outcome was changed.' [Citation.] A 'reasonable probability' is a probability sufficient to undermine confidence in the outcome." (Davis v. Zant (11th Cir. 1994) 36 F.3d 1538, 1545.)
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