What is the test for misconduct by a District Attorney in a civil case involving reliance on ethnic irrelevancies?

California, United States of America


The following excerpt is from People v. Criscione, 123 Cal.App.3d 228, 176 Cal.Rptr. 477 (Cal. App. 1981):

Since we not long ago had occasion to consider misconduct by the same prosecutor, involving the same reliance on ethnic irrelevancies, it may be appropriate here to recall what was said in People v. Talle (1952) 111 Cal.App.2d 650, 677-678, 245 P.2d 633, under rather similar circumstances: "(P)rosecuting attorneys are government officials and clothed with the dignity and prestige of their office. What they say to the jury is necessarily weighed with that prestige. It is their duty to see to it that those accused of crime are afforded a fair trial (P) It would be a sad day for the administration of justice if this court were to condone the substitution of the personal belief of the district attorney that the accused should be convicted because the

Page 485

And, more recently, in an opinion of this court: " 'Fewer judgments would have to be reversed if the trial courts were more firm in controlling the comparatively few prosecutors who need restraint.' " ( People v. Rodgers 1980) 90 Cal.App.3d 368, 373, 153 Cal.Rptr. 382.)

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