What is the current state of the law on the role of a prosecutor and defense counsel in a criminal case?

California, United States of America


The following excerpt is from People v. Brown, C056510 (Cal. App. 1/13/2010), C056510. (Cal. App. 2010):

"[T]he prosecutor has wide latitude in describing the deficiencies in opposing counsel's tactics and factual account." (People v. Bemore (2000) 22 Cal.4th 809, 846.) "An argument which does no more than point out that the defense is attempting to confuse the issues and urges the jury to focus on what the prosecution believes is the relevant evidence is not improper." (People v. Cummings (1993) 4 Cal.4th 1233, 1302, fn. 47.) Here, the prosecutor's remarks regarding the roles of the prosecutor and defense counsel were fair comment and no misconduct occurred. The prosecutor has a duty to present facts and evidence to prove the charged crime beyond a reasonable doubt. Defense counsel has a duty to defend his client. That was the gist of the prosecutor's comments: that he had laid out the facts of a drug deal, and defendant was involved, irrespective of how defense counsel might try to argue the facts and change their appearance. This is so, notwithstanding the prosecutor's unfortunate description of the defense attorney's role as "look[ing] at loopholes to get their client off."

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