How is a prosecutor's statement interpreted in a criminal case?
California, United States of America
The following excerpt is from People v. Duenas, B276789 (Cal. App. 2018):
We evaluate a prosecutor's remarks in the context of the whole argument and the instructions to determine whether there was a reasonable likelihood that "the jury construed the prosecutor's remarks as placing on defendant the burden of establishing a reasonable doubt as to his guilt." (People v. Marshall, supra, 13 Cal.4th at p. 831.)
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