Does a prosecutor's argument in a civil case that a jury should consider whether there was an aggravative factor in the case?
California, United States of America
The following excerpt is from People v. Howard, 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315 (Cal. 1992):
25 For the same reason, the prosecutor's argument did not violate McClesky v. Kemp (1987) 481 U.S. 279, 107 S.Ct. 1756, 95 L.Ed.2d 262, in which the high court warned that "[i]t would be improper and often prejudicial to allow jurors to speculate as to aggravating circumstances wholly without support in the evidence." (Id., at p. 314, fn. 37, 107 S.Ct. at p. 1779, fn. 37.)
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