When will a prosecutor be found to have made a claim of misconduct when they argued "the burden of proving every element of the crimes charged beyond a reasonable doubt"?

California, United States of America


The following excerpt is from People v. Barrios, H039190 (Cal. App. 2015):

Defendant also points out that in People v. Hill, supra, 17 Cal.4th 800, it was said to be misconduct when the prosecutor argued, "[t]here must be some evidence from which there is a reason for a doubt." (Id. at p. 831, italics deleted.) The court stated the prosecutor "committed misconduct insofar as her statements could reasonably be interpreted as suggesting to the jury she did not have the burden of proving every element of the crimes charged beyond a reasonable doubt." (Ibid.) The court also surmised that it was possible the prosecutor "was claiming there must be some affirmative evidence demonstrating a reasonable doubt." (Ibid.) We do not interpret the remarks of the prosecutor here as doing either thing.

Other Questions


Is it improper for a prosecutor to misstate the law generally and particularly the prosecution's burden of proving every element of the crime charged beyond a reasonable doubt? (California, United States of America)
How has the US Courts treated the burden of proving every element of the charged crimes beyond a reasonable doubt? (California, United States of America)
What is the prosecution's burden to prove every element of a crime beyond a reasonable doubt? (California, United States of America)
What is the burden of proving every element of a crime beyond a reasonable doubt? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
In what circumstances have the courts found that CALCRIM No. 220 of the California Criminal Code, or Cal.Crim No.220, is sufficient to compel a jury to find that a prosecutor must prove each element of the crime beyond a reasonable doubt? (California, United States of America)
What is the prosecution's burden to prove every element of the crime beyond a reasonable doubt? (California, United States of America)
Is a prosecutor prohibited from misstating the law to reduce the burden to prove each element of the crime beyond a reasonable doubt? (California, United States of America)
What is the burden of proving every element of a crime beyond a reasonable doubt? (California, United States of America)
What is the standard for determining whether a reasonable trier of fact could have found the essential elements of a crime beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.