18-E Criminal

• Jurisdiction: Arizona

E. Criminal

Vouching

Vouching, usually occurring during closing argument, is a form of prosecutorial misconduct whereby the prosecutor suggests information through facts not in evidence. State v. Payne, 233 Ariz. 484, 511, 314 P.3d 1239, 1266 (2013). A prosecutor impermissibly vouches for a witness by placing the prestige of the government behind its witness or suggesting that information not presented to the jury supports a witness’s testimony. State v. Lamar, 205 Ariz. 431, 441, 72 P.3d 831, 841 (2003) (citing State v. Dumaine, 162 Ariz. 392, 401, 783 P.2d 1184, 1193 (1989)).

When improper vouching occurs the trial court can cure the error by instructing the jury not to consider attorney’s arguments as evidence. Payne, 233 Ariz. at 512, 314 P.3d at 1267. In order to reverse a conviction based on improper comments from the prosecutor, the comments must be so...