California, United States of America
The following excerpt is from People v. Cardoso, F069505 (Cal. App. 2016):
Defendants say the prosecutor appealed to the passions and emotions of the jurors by bringing up the irrelevant fact there were children on the street when the shooting took place. "It has long been settled that appeals to the sympathy or passions of the jury are inappropriate at the guilt phase of a criminal trial. [Citations.]" (People v. Fields (1983) 35 Cal.3d 329, 362, fn. omitted; accord, People v. Pensinger (1991) 52 Cal.3d 1210, 1250.) " 'It is . . . improper to make arguments to the jury that give it the impression that "emotion may reign over reason," and to present "irrelevant information or inflammatory
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rhetoric that diverts the jury's attention from its proper role, or invites an irrational, purely subjective response." [Citation.]' [Citations.]" (People v. Redd (2010) 48 Cal.4th 691, 742-743.)
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