Legal Definitions - curative instruction

A curative instruction is a specific direction given by a judge to a jury during a trial. Its primary purpose is to correct or "cure" any potential prejudice or improper influence that might have arisen from something said, shown, or presented in court that should not have been. When an error occurs—such as a witness making an inadmissible statement, an attorney making an inappropriate remark, or a piece of evidence being briefly exposed before being ruled inadmissible—the judge will issue a curative instruction. This instruction tells the jury to disregard the problematic information and not consider it when making their decision, thereby aiming to ensure a fair trial based only on admissible evidence and proper conduct.

Here are some examples illustrating how a curative instruction might be used:

• Example 1: Witness Testimony Error
  During a trial for theft, a witness accidentally blurts out, "I knew the defendant was trouble because he was arrested for shoplifting last year!" The judge had previously ruled that the defendant's past arrests were irrelevant and inadmissible in this particular case. The defense attorney immediately objects.

  How it illustrates the term: The judge would sustain the objection and then give the jury a curative instruction. The judge would tell the jury to completely disregard the witness's statement about the defendant's past arrest and not to let it influence their decision in any way, as it is not evidence in the current case. This instruction attempts to "cure" the potential prejudice that the jury might develop against the defendant due to hearing about a prior arrest.

• Example 2: Attorney Misconduct
  In a personal injury lawsuit, the plaintiff's attorney, during closing arguments, makes an emotional appeal to the jury, stating, "Imagine if this happened to your own child! You would want justice, wouldn't you?" The defense attorney objects, arguing that this type of appeal is improper and designed to inflame the jury's emotions rather than focus on the evidence.

  How it illustrates the term: If the judge agrees that the attorney's comment was improper, they would sustain the objection and then issue a curative instruction. The judge would remind the jury that their decision must be based solely on the evidence presented in court and the applicable law, and that they must disregard any emotional appeals or personal biases. This instruction aims to "cure" the potential for the jury to be swayed by improper emotional rhetoric.

• Example 3: Inadmissible Evidence Briefly Seen
  During a murder trial, a prosecutor mistakenly displays a photograph of the victim's family crying in court for a few seconds before the defense attorney objects. The judge had previously ruled that such a photograph was highly prejudicial and inadmissible because it was not relevant to the facts of the crime itself and could unfairly sway the jury's emotions.

  How it illustrates the term: Even though the jury briefly saw the image, the judge would sustain the objection and immediately provide a curative instruction. The judge would explain to the jury that the photograph is not evidence in the case, was improperly displayed, and must not be considered or discussed during their deliberations. This instruction attempts to "cure" any emotional impact or prejudice the brief viewing of the inadmissible photograph might have had on the jury.