What constitutes prosecutorial misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Navarette, 133 Cal.Rptr.2d 89, 30 Cal.4th 458, 66 P.3d 1182 (Cal. 2003):

Defendant asserts several instances of prosecutorial misconduct. "The applicable federal and state standards regarding prosecutorial misconduct are well established. `"A prosecutor's ... intemperate behavior violates the federal Constitution when it comprises a pattern of conduct so `egregious that it infects the trial with such unfairness as to make the conviction a denial of due process.'"' [Citations.] Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves `"`the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury.'"'" (People v. Samayoa (1997) 15 Cal.4th 795, 841, 64 Cal.Rptr.2d 400, 938 P.2d 2.)

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