NCJ Number
106950
Journal
Prosecutor Volume: 21 Issue: 1 Dated: (Summer 1987) Pages: 51-56
Date Published
1987
Length
6 pages
Annotation
This article discusses improper prosecutorial remarks made during argument to the jury, reviews professional prosecutorial conduct standards, and suggests remedies for reducing prosecutorial abuse during summation.
Abstract
Discussion focuses on professional standards about confining the argument to evidence, improper expressions of personal belief, remarks calculated to inflame the jury's passion or prejudice, and raising issues broader than the accused's guilt or innocence in regard to relevant court cases. State v. Andreason and State v. Wheeler are cited as cases in which prosecutors made remarks about matters not in evidence. A criminal conviction was reversed in State v. Smith because the prosecutor's personal opinion in the summation prejudiced the defendant's right to a fair trial. Murder convictions were reversed in Hawthorne v. United States and State v. Couture because of inflammatory prosecutorial remarks. Release and parole issues were raised by prosecutors in Lucas v. United States and People v. Holt. The prosecutor in Bertolotti v. United States appealed to the jury to consider its verdict's message to the community and the Florida Supreme Court ruled that such remarks were grounds for disciplinary proceedings. The article recommends preventive actions that defense counsel and trial courts may exercise to prevent prosecutorial misconduct, but the strongest recommendation is for peer review. Law school education and State bar examination questions regarding ethical conduct as well as continuing legal education are strongly advised. 51 references.