A curative instruction tells the jury to disregard specified matter. Courts presume juries follow such instructions, which is the basis for denying mistrial motions where the impropriety was cured.
Some improprieties are held incurable.
Alternative Names:
Curative Charge, Corrective Instruction
Why it Matters?
The presumption that juries follow curative instructions is what defeats most mistrial motions, and it applies even where the instruction arguably highlights the very matter it addresses. Requesting the instruction is nonetheless necessary for preservation, since failing to request one and moving directly for mistrial weakens the appellate position. Where the material is genuinely incurable, stating that on the record while requesting mistrial is the correct sequence.
Frequently Confused with
Related terms
Frequently asked questions
Why do curative instructions defeat mistrial motions?
Should one be requested even if inadequate?
