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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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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Anonymous 0 Comments

It can happen in real trials but it’s rare. Psychologically there’s evidence that the jury doesn’t like rule breaking attorneys who fight with the judge. People respect judges a lot more than lawyers to begin with. 

 Also it’s not really a “fight.” The judge can hit lawyers doing it on purpose quite hard, both in the case and in ethics complaints. If the DA does it, serious odds of a mistrial. The judge can rule against them on other borderline evidence, which is almost unappealable. The judge can in extreme cases sanction a civil party so hard they can’t win.

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