In a family law case, in what circumstances will the defense counsel argue that the prosecution failed to prove all of the elements beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Hernandez, 2d Crim. No. B247852 (Cal. App. 2015):
In rebuttal, the prosecutor characterized this argument as a classic "Defense 101" tactic: First, "accuse" the mother, and indirectly the girls, "of doing things wrong." Next, "confuse" the jury by presenting evidence of "immigration stuff" so "they won't know what to do." Lastly, "excuse" appellant's conduct by arguing that the prosecution "didn't prove all of the elements beyond a reasonable doubt." This was an appropriate rebuttal argument. (See People v. Gionis, supra, 9 Cal.4th at p. 1216 ["[N]o impropriety appears in this case. Taken in context, the prosecutor's remarks simply pointed out that attorneys are schooled in the art of persuasion; they did not improperly imply that defense counsel was lying"]; see also
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