Does a prosecutor have to argue that the jury should consider mitigating defense evidence in aggravation?

California, United States of America

The following excerpt is from People v. Young, 105 P.3d 487, 24 Cal.Rptr.3d 112, 34 Cal.4th 1149 (Cal. 2005):

We disagree. The prosecutor did not argue that the jury should consider mitigating defense evidence in aggravation. "`A prosecutor does not mischaracterize such evidence [offered in mitigation] by arguing it should not carry any extenuating weight when evaluated in a broader factual context. We have consistently declined to criticize advocacy of this nature.'" (People v. Sims (1993) 5 Cal.4th 405, 464, 20 Cal.Rptr.2d 537, 853 P.2d 992, quoting People v. Cox (1991) 53 Cal.3d 618, 683, 280 Cal.Rptr. 692, 809 P.2d 351.)

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Does a prosecutor have to argue that the jury should consider mitigating defense evidence in aggravation?

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