California, United States of America
The following excerpt is from People v. Morgan, 150 Cal.Rptr. 712, 87 Cal.App.3d 59 (Cal. App. 1978):
Defendant also contends that the prosecutor deliberately and knowingly introduced the evidence of defendant's prior criminal conduct; that it therefore constituted prosecutorial misconduct giving rise to a violation of defendant's due process rights. "Prosecutorial misconduct implies the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury." (People v. Strickland (1974) 11 Cal.3d 946, 955, 114 Cal.Rptr. 632, 523 P.2d 672, 677.) The absence of good faith is an essential ingredient of the concept of misconduct. (People v. Chojnacky (1973) 8 Cal.3d 759, 766, 106 Cal.Rptr. 106, 505 P.2d 530.) But we do not interpret the record as establishing bad faith on the part of the prosecutor in introducing the inadmissible character-trait evidence.
[87 Cal.App.3d 70]
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.