Is a prosecutor's personal opinion a personal opinion?
California, United States of America
The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):
It is a general rule that a prosecutor may not express a personal opinion "where there is substantial danger that jurors will interpret this as being based on information at the prosecutor's command, other than evidence adduced at trial." (People v. Bain (1971) 5 Cal.3d 839, 848, 97 Cal.Rptr.
Page 628
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice? (California, United States of America)
How have courts responded to a defense counsel's objection to a prosecutor's personal opinion in their closing argument? (California, United States of America)
Does the Defendant have a claim that the Prosecutor's use of the phrase "we all know" when addressing the jury reveals that the prosecutor has personal knowledge of matters outside the record, known only to the prosecution? (California, United States of America)
When a prosecutor asks for an expert's opinion in a criminal case, can the prosecutor ask for a hypothetical question? (California, United States of America)
What privilege exists between the opinions and opinions of an attorney in a personal injury action? (California, United States of America)
What is the test for maintaining a personal representative's personal will in a personal injury case? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
