California, United States of America
The following excerpt is from People v. Crowder, B256412 (Cal. App. 2017):
Crowder argues that this was a misstatement of the law. He notes that in several cases, courts have found error in prosecutors' arguments comparing the standard of guilt beyond a reasonable doubt to ordinary decision-making. For example, in People v. Nguyen (1995) 40 Cal.App.4th 28, the court held that the prosecutor committed misconduct by comparing the standard of proof beyond a reasonable doubt to decisions to get married or to change lanes while driving a car. (Id. at p. 36.) The court noted, "It is clear the almost reflexive decision to change lanes while driving is quite different from the reasonable doubt standard in a criminal case. The marriage example is also misleading since the decision to marry is often based on a standard far less than reasonable doubt, as reflected in statistics indicating 33 to 60 percent of all marriages end in divorce." (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.