A Warning To Tech-Savvy Prosecutors

Law360, New York (February 27, 2015, 10:39 AM EST) -- In criminal prosecutions, a prosecutor must pay special mind to the ethical boundaries of permissible and impermissible argument. A prosecutor may argue passionately and emphatically that the defendant is guilty, but must do so by marshaling the evidence and arguing the inference drawn from that evidence. For example, a prosecutor may not opine about the defendant's guilt, opine about a witnesses' credibility, point to information outside the record, inflame the passions of the jury, or urge conviction based on the defendant's character. For the most part, the rules are well established. And prosecutors must remain mindful of those rules when creating...

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