When a prosecutor is involved in misconduct
Summary: prosecutor misconduct
Prosecutorial misconduct - often occurring during opening or closing argument - may take a variety of forms. It may include mischaractization or misstating the evidence, referring to facts not in evidence, misstating the law particularly where done in an effort to relive the prosecutor of responsibility for proving all elements of a crime beyond a reasonable doubt, attacking the integrity of defense counsel, intimidating witnesses, stating a personal opinion that the defendant is guilty or appealing to passions or prejudice, such as asking the jury to view the crime through the victim's eyes. (see People v. Stansbury)
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