A prosecutor's opening address that devotes excessive time to the deceased's moral character as a 'Good Samaritan' may travel beyond what is permissible, but will not necessarily warrant discharge of the jury where the emotive material would inevitably emerge in evidence and repeated judicial directions are given. For parity purposes, different mitigating circumstances (such as PTSD and isolation as a foreign prisoner) may be treated as equivalent where they share the common consequence of making imprisonment more onerous.
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