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?
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As someone who does legal transcription part time, I can say statements are *never* stricken from the record. Everything said on the record is on the record, full stop. If something needs to be said or discussed off the record, all lawyers involved agree to go off the record and *then* discuss the matter. If something is said on the record, it remains on the record even if it’s not intended to be on the record. As a transcriber, my job is to type everything from the recording as close to verbatim as possible. This includes conversations that aren’t necessarily meant for the record.
That said, lawyers in legal proceedings (both hearings and depositions) are very down-to-business. I rarely get recordings where lawyers on the record get into unnecessary conversation. Once the record starts, they get to it and stay focused.
The only things we don’t take down are social security numbers (we redact all but the last four) and similar confidential identifying information, birth dates (we redact the year, but not month and day), and names of minors (we use their initials only, even if the full name is spoken).
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