California, United States of America
The following excerpt is from People v. Peoples, 198 Cal.Rptr.3d 365, 365 P.3d 230, 62 Cal.4th 718 (Cal. 2016):
Defendant notes that the prosecutor used improper language and made improper gestures in relation to defense counsel's representation of his client. In particular, the prosecutor repeatedly characterized defendant's arguments or the testimony of defendant's experts as "ludicrous," "ridiculous," "preposterous," "outrageous," "offensive," "shock[ing]" or "bull," and engaged in numerous "theatrics" such as slamming books, making facial expressions, laughing, throwing his hands in the air, and sighing audibly. Although some of the prosecutor's behavior was unprofessional, the facts recited above do not constitute prosecutorial misconduct. Using colorful or hyperbolic language will not generally establish prosecutorial misconduct. (People v. Stitely (2005) 35 Cal.4th 514, 559560, 26 Cal.Rptr.3d 1, 108 P.3d 182.) Neither does making overly dramatic gestures. And importantly, almost all of the occurrences cited by defendant occurred outside the presence of the jury.
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.