Does the term prosecutorial error or prosecutorial misconduct apply?
California, United States of America
The following excerpt is from People v. Mariano, G054973 (Cal. App. 2018):
7. We use the term prosecutorial error rather than prosecutorial misconduct because prosecutorial misconduct "'is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind.'" (People v. Centeno (2014) 60 Cal.4th 659, 666-667.) "'A more apt description of the transgression is prosecutorial error.'" (Id. at p. 667.)
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Other Questions
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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)
Can a failure to object to prosecutorial misconduct be excused when the misconduct "contributed materially to the verdict"? (California, United States of America)
Does the Attorney General have any authority to admonish a defendant on grounds of prosecutorial error or misconduct? (California, United States of America)
What is the test for a claim of prosecutorial misconduct? (California, United States of America)
