PROSECUTORIAL MISCONDUCT QUANTIFYING PROOF BEYOND A REASONABLE DOUBT
PROSECUTORIAL MISCONDUCT QUANTIFYING PROOF BEYOND A REASONABLE DOUBT
The Deputy District Attornrey in this case illustrated proof beyond a reasonable doubt by
using a PowerPoint slide show, showing a jigsaw puzzle picture of the Statute of Liberty, which comes together with two pieces missing. The DA used this to argue that proof beyond a reasonable doubt can be found even with missing information.
The Court of Appeal finds that this is error. The DA was essentially arguing that proof beyond a reasonable doubt may be found by just a few pieces of evidence, and was encouraging the jurors to jump to a conclusion.
In addition, the DA was quantifying proof beyond a reasonable doubt, suggesting that having 6 of the 8 pieces was enough, meaning that 75% would suffice. Wrong.
Incredibly, the Court of Appeal finds this prosecutorial misconduct harmless.
People v. Katzenberger; 2009 DJ DAR 15632; DJ, 11/4/09; C/A 3rd
