What is the effect of the prosecutor's comments to a jury in a capital murder trial?
California, United States of America
The following excerpt is from People v. Vieira, 106 P.3d 990, 25 Cal.Rptr.3d 337, 35 Cal.4th 264 (Cal. 2005):
The prosecutor told the jury that under section 190.3, factor (k), the jury
[25 Cal.Rptr.3d 360]
could consider sympathy and mercy for defendant in determining the appropriate penalty. The prosecutor then added: "I'd be happy if you show [defendant] that exact same mercy and sympathy that he showed those people on Elm Street that night. It's absolutely none." Defendant contends this was misconduct. But as we have held, it is proper for the prosecutor to argue, based on the evidence, that a capital defendant does not deserve sympathy. (People v. Ochoa, supra, 19 Cal.4th at pp. 464-465, 79 Cal.Rptr.2d 408, 966 P.2d 442.) The prosecutor did no more than this.[25 Cal.Rptr.3d 360]
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