Does a prosecutor's argument that a defendant failed to introduce material evidence constitute prejudicial misconduct?

California, United States of America


The following excerpt is from People v. EVANS, A126898, Contra Costa County Super. Ct. No. 050703165 (Cal. App. 2011):

Defendant argues that the prosecutor's argument quoted above amounted to prejudicial misconduct, because the prosecutor impermissibly argued that defendant failed to introduce evidence that the court had in fact excluded on the prosecutor's motion. " 'The applicable federal and state standards regarding prosecutorial misconduct are well established. " 'A prosecutor's . . . intemperate behavior violates the federal Constitution when it comprises a pattern of conduct "so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process." ' " [Citations.] Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves " ' "the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury." ' " [Citation.]' [Citation.]" (People v. Hill (1998) 17 Cal.4th 800, 819.) However, it is not misconduct for a prosecutor to comment on the defense's failure to introduce material evidence or to

Page 17

Other Questions


When a prosecutor makes a closing argument about the failure of the defense to introduce material evidence, what is the state of the evidence? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
When a prosecutor said that appellant had failed to produce any evidence at trial, and the appellant failed to present any evidence to the jury, is that comment improper or harmless? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Does a prosecutor's argumentative comment that "this was all a big misunderstanding" on cross-examination constitute prejudicial misconduct? (California, United States of America)
Does a prosecutor's comment regarding a defendant's failure to testify on Page 9 constitute prejudicial misconduct? (California, United States of America)
Does a defendant have the right to complain of prejudicial misconduct against a prosecutor during penalty phase arguments? (California, United States of America)
Does a prosecutor's argument that the absence of specific mitigating factors constitute aggravation constitute prosecutorial misconduct? (California, United States of America)
Can a defendant bring a claim of prosecutorial misconduct against a prosecutor for misconduct in his closing arguments to the jury? (California, United States of America)
Is a defendant's failure to object to statements made by the prosecutor during his penalty phase argument constitute misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.