California, United States of America
The following excerpt is from People v. Carranza, C051387 (Cal. App. 7/9/2007), C051387 (Cal. App. 2007):
The applicable federal and state standards regarding prosecutorial misconduct are well settled. "`A prosecutor's rude and 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.] But 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.'" [Citations.]'" (People v. Gionis (1995) 9 Cal.4th 1196, 1214-1215.)
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.