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How come in court counsel can object to what one says or shows and the judge will say sustained and the jury disregard. How in the hell does a jury just auto take it out of their memory?
I’ve been on a jury once. In that particular case, there were a couple jurors who took it upon themselves to police anybody bringing up anything that we were instructed to disregard. You may not think twelve people is a lot, but I’m my experience, it was twelve wildly different personalities which was frustrating, but ultimately beneficial in coming to a unanimous decision.
Further, they sent us out of the courtroom several times during the trial so opposing counsels could fight over what could and couldn’t be entered into evidence for us to see.
In addition to what others have said, it doesn’t always happen like this. More often than not the Jury will be asked to leave the courtroom before the matter is discussed and the Judge will decide whether the Jury can hear the argument when they return.
The alternative is starting every trial over every time someone crosses the line, and even if you heavily sanctioned the lawyer every time, the amount of extra stress on the system itself and the actual participants would be massive and detrimental.
Forcing a mistrial is already a(n extremely unethical) tactic that’s entirely possible in cases where victim testimony is particularly painful. Even if every judge sanctions every lawyer who enables it and they get disbarred at a high rate, it’s still something enough money would enable to happen.
When juries deliberate, they discuss their reasons for thinking this or that. Basically, by telling the jury to disregard something, the judge is saying that this shouldn’t be included in the decision-making process.
Of course people can’t just take things out of their heads, and of course the legal representatives take advantage of that fact.
When I served on a jury, the judge had us leave the courtroom multiple times. Once the trial was over, the judge told us what was being discussed when we left the room, and the reason the information had been excluded from testimony during the trial.
Had the DA tried to introduce this information while the jury was in the room it probably would have made it more difficult for us to come to the same verdict. I imagine that if the DA tried to do this often enough, it could lead to a mistrial and possible disciplinary action.
They don’t have to explain it to the judge but they’re discussing it with each other and have come to a consensus (presumably with reasons for that consensus). As far as I know.