We've all heard that phrase, at least on TV. I have always wondered what that phrase really means? When sustained, is the offending material actually removed from the transcript of the trial as if the words were never uttered?
Or, is a notation made in the record that this portion of the transcript, while recorded, was stricken and the jury instructed to ignore it?
The latter option makes more sense to me. We all know a bell cannot be un-rung. Once the jury hears something, they've heard it and it may effect their deliberations.
To actually remove it from the record means that someone reading the transcript, say for an appeal, will not get a full accounting of the trial.
Which is it?
Or, is a notation made in the record that this portion of the transcript, while recorded, was stricken and the jury instructed to ignore it?
The latter option makes more sense to me. We all know a bell cannot be un-rung. Once the jury hears something, they've heard it and it may effect their deliberations.
To actually remove it from the record means that someone reading the transcript, say for an appeal, will not get a full accounting of the trial.
Which is it?