What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Seumanu, 192 Cal.Rptr.3d 195, 355 P.3d 384, 61 Cal.4th 1293 (Cal. 2015):

bride, the wedding party and the victim's family and friends. The prosecutor may have intended to sway the jury to her side as an emotional matter, but her argument was based on the facts of the case, not on her opinion of the defendant as depraved. This was, therefore, not a situation in which the true basis of an objection was unclear until the prosecutor uttered a final clinching comment. As in People v. Modesto, supra, 66 Cal.2d at p. 696, 59 Cal.Rptr. 124, 427 P.2d 788, we conclude a timely objection would have been effective in preventing the harm that could have resulted from the alleged improper argument, and the failure to object thus forfeited the issue for appeal.

Other Questions


In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is there any case law in which a prosecutor has been found to have gone beyond the facts in their argument to the jury in a sexual assault case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
What is the effect of a magistrate's finding that a defendant should not stand trial on charges of assault and sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.