Is a prosecutor who uses deceptive or reprehensible methods to persuade the jury to commit misconduct committed misconduct?
California, United States of America
The following excerpt is from People v. Strand, G055291 (Cal. App. 2018):
"'A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct . . . .'" (People v. Friend (2009) 47 Cal.4th 1, 29.) "When a claim of misconduct is based on the prosecutor's comments before the jury, '"the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.'" [Citation.]" (Ibid.) "'In
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