May Prosecutors Say Anything They Want About Defendants In Court?

The answer is NO, particularly in front of a jury.

While it is true that prosecutors have wide latitude to present vigorous arguments, the argument must be a fair comment on the evidence, including reasonable inferences and deductions from it. (People v. Leon (2015) 61 Cal.4th 569, 606.)

It is improper for the prosecutor to misstate the law generally, and particularly to attempt to absolve the prosecution from its obligation to overcome reasonable doubt on all elements. (People v. Centeno (2014) 60 Cal.4th 659, 666.)

A prosecutor’s behavior violates the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial error under state law only if it involves the use of deceptive or reprehensible methods to attempt to persuade the jury. (People v. Linton (2013) 56 Cal.4th 1146, 1205.)