On shows like Law & Order, attorneys routinely make statements they know will be stricken from the record. Is that done in real trials and if so, how can judges truly expect juries to “disregard” the statement?
In: Other
Criminal appellate attorney here: Things don’t get stricken from the record. If an attorney objects and gets their objection sustained then the trial judge will either ask the opposing attorney to either reword the question or the attorney can cure whatever possible defect in testimony making the objection sustained.
Now, if testimony is so improper, the judge may on their own or on request instruct the jury to disregard. Whether they do or don’t is hard to say. There’s equal research saying juries can disregard and equal studies saying it already biases them. Lots of attorneys will ask questions to draw the objection to get the jury’s mindset—or witness—toward one direction or another. I think rarely it’s on accident.
Latest Answers