What is the current state of the law on improper comments made by a prosecutor at a criminal trial?

Even if the prosecutor's statement was improper it does not rise to the level of plain error. ⁴ "Inappropriate prosecutorial comments, standing alone, would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair proceeding." United States v. Young, 470 U.S. 1, 11-12 (1985). Such comments "must be examined within the context of the trial to determine whether the prosecutor's behavior amounted to prejudicial error." Id. at 12. Here, the prosecutor's comments were brief, and the evidence against Cha substantial. The prosecutor's comments in this case do not rise to the level of impropriety evidenced in the cases Cha cites for support, ⁵ and they do not rise to the level of plain error.

5. Shifting burden of proof