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PEOPLE v. VANCE

No. A122777.

188 Cal.App.4th 1182 (2010)

116 Cal. Rptr. 3d 98

THE PEOPLE, Plaintiff and Respondent, v. ANDREW JAMES VANCE, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

September 29, 2010.

Attorney(s) appearing for the Case

Matthew Zwerling and Tara Mulay, under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Masha A. Dabiza, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHMAN, J.—

There is a tactic of advocacy, universally condemned across the nation, commonly known as "The Golden Rule" argument. In its criminal variation, a prosecutor invites the jury to put itself in the victim's position and imagine what the victim experienced. This is misconduct, because it is a blatant appeal to the jury's natural sympathy for the victim. (See People...

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