What is the test for a prosecutor's argument in a criminal case to dissuade the jury from using sympathy or pity as a basis for a verdict?

California, United States of America


The following excerpt is from People v. Davidson, B223722 (Cal. App. 2012):

We agree with the People that the gist of the prosecutor's argument was to dissuade the jury from using sympathy or pity for appellant as a basis for the verdict. "[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.)

Other Questions


Does the Attorney General have a valid argument that a prosecutor's argument in a sexual assault case was misconduct because it was inflammatory and sought to engender sympathy for the victim's son? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (California, United States of America)
Does a prosecutor's argument that a police officer who responded to a carjacking said that the weapon used in the first carjacked was similar to the one used during the second vehiclejacking? (California, United States of America)
Can a prosecutor argue that the prosecutor's argument was wrong on the basis that the evidence presented before a jury was flawed? (California, United States of America)
Does a defendant have to establish a prima facie case, or strong likelihood, that during jury selection impermissible group bias was the basis for the prosecutor's use of peremptory challenges to remove the only two African-American jurors? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
In what circumstances will a prosecutor be permitted to use contradictory statements by the same witness in two separate criminal trials? (California, United States of America)
Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury? (California, United States of America)
Can a prosecutor who described the defense case as "ludicrous," "contrived" and "bogus" in his arguments to the jury use improper or improper language? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.