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
A *huge* number of things on Law & Order are wrong, specifically for the purpose of drama.
Last-minute evidence isn’t a thing. Any evidence from either side needs to be provided to the other side, well in advance.
Same thing for last-minute witnesses. Same thing for surprise testimony. Every witness in a major case is going to have had a deposition in advance, where they’ve been asked mostly the same questions they’re going to be asked on the stand, and that deposition was already made available to the opposing side.
The entire idea that a case can turn on a surprise is anathema to the concept of justice, and the system is designed to eliminate surprise. Of course, surprise is a fundamental element of dramatic tension.
Same thing goes for every emotional confrontation. The lawyers aren’t even allowed to come close to the witness stand!
Latest Answers