In what circumstances will the court compel defense counsel to object to the deterrence argument?

California, United States of America


The following excerpt is from People v. Duncan, 281 Cal.Rptr. 273, 53 Cal.3d 955, 810 P.2d 131 (Cal. 1991):

While defense counsel failed to object when the deterrence argument was first made and thus arguably waived the point, the court on its own raised the issue. (People v. Green, supra, 27 Cal.3d at pp. 27-34, 164 Cal.Rptr. 1, 609 P.2d 468.) In such a case defendant argues that the Green rule is inapplicable. However, in the circumstances of this case we need not resolve that issue because we fail to see how defendant could have been prejudiced in light of the court's direct, [53 Cal.3d 981] clear and immediate admonition to ignore such argument and the jurors' collective reply that they understood the admonition.

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