What is the effect of a prosecutor's argument to a jury in a criminal case that the jury should consider mitigation in all mitigation evidence?

California, United States of America


The following excerpt is from People v. Heishman, 246 Cal.Rptr. 673, 45 Cal.3d 147, 753 P.2d 629 (Cal. 1988):

This argument by the prosecutor made clear that the jury should look for mitigation in any of the evidence they had heard. He even suggested they were free to base the penalty verdict on sympathy ("Maybe you can find some place in your heart to feel sorry for him"). The prosecutorial argument[45 Cal.3d 189] thus eliminated any realistic possibility the jury would be misled by the instructions into thinking they could not consider, in mitigation, all of the testimony offered by defendant concerning his character and background. (See People v. Rodriguez, supra, 42 Cal.3d 730, 786-787, 230 Cal.Rptr. 667, 726 P.2d 113.)

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