When a prosecutor makes an argument that the prosecutor was aware of the facts to the jury in a death penalty case, is it improper or improper?

California, United States of America


The following excerpt is from People v. Valdez, 32 Cal.4th 73, 8 Cal.Rptr.3d 271, 82 P.3d 296 (Cal. 2004):

Moreover, there was no danger that the jurors believed the prosecutor was aware of facts to which they were not privy. (Cf. People v. Hill, supra, 17 Cal.4th at p. 829, 72 Cal.Rptr.2d 656, 952 P.2d 673 [improper argument because it "raised the possibility the jury would assume [the prosecution] had some undisclosed knowledge].)

Given this, there is no reasonable basis to conclude the prosecutor's argument skewed the jury's decision toward imposing the death sentence or diminished the jury's sense of responsibility. (Caldwell v. Mississippi (1985) 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231.)

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