In a penalty trial, in what circumstances will the jury accept that the prosecutor's closing argument at the penalty phase was improper?

California, United States of America

The following excerpt is from People v. Medina, 11 Cal.4th 694, 47 Cal.Rptr.2d 165, 906 P.2d 2 (Cal. 1995):

In his closing argument at the penalty phase, the prosecutor asserted that defendant was a dangerous, uncontrollable person who could not behave in prison. In defendant's view, this argument was improper, extending beyond a mere reference to defendant's future dangerousness, and essentially telling the jury it must assume responsibility for the likely failure of the penal system to control defendant as a prisoner. (See Tucker v. Kemp (11th Cir.1985) 762 F.2d 1496, 1508.) We disagree.

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