How have the courts treated comments made by the prosecutor in closing argument?

California, United States of America


The following excerpt is from People v. Katepa, F069576 (Cal. App. 2017):

Finally, with respect to the prosecutor's comments in closing argument, although we are troubled by some of the comments, we do not view any of these fleeting remarks as an improper appeal to the sympathy of the jurors. One comment could arguably be construed as inviting the jurors to put themselves in the victim's position, which is an improper appeal for the jury's sympathy for the victims. (People v. Vance (2010) 188 Cal.App.4th 1182, 1188.) During closing argument, the prosecutor commented: "Each and every one of you knows that what the defendant did on the night of the blackout was a violent, scary, petrifying situation, and he committed a series of crimes that night."

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