Is it improper for a prosecutor to suggest that a defendant is guilty merely because he is being prosecuted or has been indicted?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sherlock, 962 F.2d 1349 (9th Cir. 1992):
The statement is incompatible with the presumption of innocence. See United States v. Cummings, 468 F.2d 274, 278 (9th Cir.1972). It is pure prosecutorial misconduct. "[I]t is always improper for a prosecutor to suggest that a defendant is guilty merely because he is being prosecuted or has been indicted." United States v. Bess, 593 F.2d 749, 754 (6th Cir.1979).
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