What constitutes misconduct by a prosecutor in a criminal case?

California, United States of America


The following excerpt is from People v. Woodruff, 235 Cal.Rptr.3d 513, 421 P.3d 588, 5 Cal.5th 697 (Cal. 2018):

" In general, a prosecutor commits misconduct by the use of deceptive or reprehensible methods to persuade either the court or the jury. [Citation.] When, as here, the point focuses on comments made by the prosecutor 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. " ( People v. Thomas (2012) 53 Cal.4th 771, 797, 137 Cal.Rptr.3d 533, 269 P.3d 1109.)

[5 Cal.5th 756]

Defendant contends the comments implied that the prosecution offered defendant a plea deal that he had rejected and

[421 P.3d 633]

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