When a prosecutor is involved in misconduct

author by Nicolai Cocis on Jan. 21, 2013

Criminal Felony Criminal  Misdemeanor Criminal 

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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