Section 25.12 Prosecutor’s Personal Opinion

• Library: Criminal Practice 2012 Supp

a. (§25.12) Prosecutor’s Personal Opinion

The prosecutor may not tell the jury about the prosecutor’s personal opinion that would include facts not in evidence. The prosecutor may not say, for example, “I believe the complaining witness” or “I know the defendant is guilty.” State v. Jones, 604 S.W.2d 665 (Mo. App. E.D. 1980); see also United States v. Singer, 660 F.2d 1295 (8^th Cir. 1981); State v. Bramlett, 647 S.W.2d 820 (Mo. App. W.D. 1983); State v. Roberts, 838 S.W.2d 126 (Mo. App. E.D. 1992).

The state may not argue that, if the state did not think the defendant was guilty, it would not have charged the defendant with the crime. State v. Robinson, 864 S.W.2d 347 (Mo. App. W.D. 1993).

The obvious reason that such comments are not justified is that they are...