Commonwealth v. Johnson, 374 Mass. 453 (1978)

Commonwealth v. Johnson, 374 Mass. 453 (1978)

“Final argument is the last opportunity for the parties to convince the jury. . . . Counsel for each party is permitted and expected to marshal the evidence and to argue for a decision of the controversy in favor of his client. This process involves not only the strength of his client’s case, but also the weakness of that of his opponent. This applies as much to a criminal case as it does to a civil case. … The prosecutor can no more be prohibited from arguing relevant evidence that was heard by the jury than can the judge be prohibited from admitting it. The fact that as a result of hearing such evidence and such argument by the prosecutor the jurors may have sympathy for the victim is understandable but unavoidable. Any other conclusion would only shield an accused from prosecution in direct proportion to the amount of brutality with which the crime was committed.”
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