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PROSECUTORIAL MISCONDUCT DURING VOIR DIRE

23
Nov

PROSECUTORIAL MISCONDUCT DURING VOIR DIRE
During voir dire, the DA in this case told the prospective jurors some stories about other rape trials that the DA handled, and things the jurors in those cases told him, as a way to tell this panel that they should just convict and shouldn’t be bothered with trivial or collateral matters (like evidence).
The Court of Appeal says that this is prosecutorial misconduct, though they find it harmless error.
My next thought on prosecutorial misconduct is that we should ask the Court of Appeal when they make such a finding to file a complaint with the State Bbar. Prosecutors do this stuff quite frequently, knowing that the courts of appeal will find almost every reprehensible thing they do “harmless.” But it’s really not. The more they get away with it, the more they do it. And, while even if something is “harmless” to the trial, it certainly is a violation of the Rules of Professional Responsibility.
People v. Castillo; 2008 DJ DAR 17086; DJ, 11/20/08; C/A 4th

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