Can Prosecutor Tell Jury That It Is ''Their Duty'' to Impose a Death Sentence ?
In Urbin v. State, 714 So. 2d 411, 421 (Fla. 1998) the prosecutor told the jury that it was their duty to return a recommendation of death--that the law required them to make that recommendation. Id.;
See also Rodriguez v. State, 919 So. 2d 1252, 1282 (Fla. 2005) (stating in a postconviction case that prosecutor's statement admonishing the jury not to do the "easy thing" and vote for life, which "would not be the legal thing to do," was made "while explaining . . . the purpose of aggravating and mitigating factors" and concluding that "even assuming the comment was improper it was harmless").