Define: Curative Instruction

A curative instruction is a directive given by a judge to the jury during a trial to correct any potential prejudice or error that may have occurred during the proceedings. It aims to ensure a fair trial and remedy any harm caused by improper evidence or arguments.

A curative instruction can be requested by either party when they believe that an error or prejudice has occurred during the trial that requires correction. It is typically requested after objectionable evidence or arguments have been presented.

A curative instruction can address various issues, such as improper statements made by attorneys, the introduction of inadmissible evidence, or any other actions that may have influenced the jury’s decision-making process unfairly.

When a curative instruction is given, the judge will explain to the jury that certain evidence or arguments should not be considered or given weight in their deliberations. The instruction aims to neutralize any potential bias or prejudice caused by the objectionable material.

While a curative instruction is intended to rectify any errors or prejudice, it cannot guarantee a fair trial on its own. Its effectiveness depends on the jury’s ability to follow the instruction and disregard any improper influences.

A curative instruction can be given at various stages of the trial, depending on when the objectionable material is presented. It can be given immediately after the objectionable material is introduced or during the jury instructions phase before deliberations.

If a curative instruction is not given when it should have been, it may be considered a reversible error on appeal. Failure to address prejudicial material adequately can undermine the fairness of the trial and potentially lead to a new trial being ordered.

Yes, a curative instruction can be requested in both civil and criminal cases. It is a tool available to parties in any type of trial where they believe that an error or prejudice has occurred.

The judge ultimately decides whether a curative instruction is necessary based on the arguments and objections raised by the parties. The judge evaluates the potential harm caused by the objectionable material and determines if a curative instruction is an appropriate remedy.

Yes, the decision to give or not give a curative instruction can be challenged or appealed if it is believed that the judge erred in their determination. The appellate court will review the circumstances and determine if the judge’s decision was reasonable and fair.