NCJ Number
113425
Journal
Trial Volume: 24 Issue: 9 Dated: (September 1988) Pages: 80-84
Date Published
1988
Length
5 pages
Annotation
Two recent studies have found that jurors are in fact unable to disregard inadmissible evidence even when they are instructed to do so and are willing to do so.
Abstract
Often the judge's order to disregard the evidence may actually make matters worse by reinforcing the evidence's biasing effects. Neither of the studies reports that jurors stubbornly refuse to ignore evidence. Sometimes they try so hard to ignore prejudicial evidence that they slant their thinking in favor of the defendant. Even so, experts say that the established method of advising jurors to ignore inadmissible evidence, while flawed, would be hard to improve upon. Trial attorneys must be vigilant to ensure that opposing attorneys do not 'slip in' inadmissible evidence. Few verdicts are reversed for error on appeal if instructions to disregard prejudicial evidence are given to the jury by the court.