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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The jury is supposed to decide whether the state (for criminal trials) has proven their case beyond reasonable doubt. That’s not the same thing as “do we, the jury, believe the defendant did the crime”. If the only convincing evidence is ruled inadmissible, then the jury is supposed to say “Okay, he totally did it, but there’s no proof except for the inadmissible stuff, so while we all think he did it, we’re still going to turn in a Not Guilty verdict”.
But that rarely works if the inadmissible evidence is damning enough, at which point the judge will declare a mistrial. And if the judge thinks the prosecuting attorney did it on purpose, there are sanctions available against them for that.
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