How have courts dealt with the issue of prosecutorial misconduct in criminal cases?

California, United States of America


The following excerpt is from People v. Sanchez, B246346 (Cal. App. 2014):

People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) "We presume the jurors treated 'the prosecutor's comments as words spoken by an advocate in an attempt to persuade' [citation]." (People v. Cole (2004) 33 Cal.4th 1158, 1204.) "'A defendant's conviction will not be reversed for prosecutorial misconduct . . . unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct.' [Citation.]" (People v. Harrison (2005) 35 Cal.4th 208, 244.)

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