Prosecutors Including Prospective Jurors’ Comments in Closing Arguments

By Robert C. Phillips, Deputy District Attorney (Ret).
Prosecutors Including Prospective Jurors’ Comments in Closing Arguments: 

A trial attorney including a prospective juror’s comments in his or her closing arguments to a jury is impermissible.

Note to prosecutors (and to all trial attorneys):  Including comments in your closing arguments that were made by prospective jurors during the voir dire process is error, and could potentially get your “misconduct” reported to the state bar.  In People v. Lima (June 28, 2022) 80 Cal.App.5th 468, a gang-related murder case, the prosecutor attempted to demean the value of a defense expert’s testimony by including in her closing argument comments that had been made by several prospective jurors during voir dire. The prosecutor’s comments ....

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