Does a prosecutor have to pass on the defense's claim of prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from United States v. Fernandez, 480 F.2d 726 (2nd Cir. 1973):

23 In light of our holding in Part III, we are not obliged to pass on the defense's claims of prosecutorial misconduct. However, the summation by the Assistant who tried the case surely went to the verge and perhaps beyond it. As this court warned only last year, the use of "first-name epithets at a defendant that might be commonplace in a second-rate movie or television script" is "beneath the dignity of the United States Attorney's office and of the United States as a sovereign," United States v. Benter, 457 F.2d 1174, 1177 (2 Cir. 1972), notwithstanding the sincerity of the prosecutor's belief that the defendant is guilty or that perjury has been committed.

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