Is an improper statement in a jury trial admissible to show the effect on the jurors' mental processes of other, improper statements?

California, United States of America


The following excerpt is from Ballard v. Uribe, 224 Cal.Rptr. 664, 41 Cal.3d 564, 715 P.2d 624 (Cal. 1986):

A distinction must be drawn between two questions: (1) whether a statement is admissible to show the effect on the jurors' mental processes of other, improper statements; and (2) whether evidence of a statement may be admitted to show that the statement itself was improper, after which a court may determine the likelihood that the statement influenced the verdict. Under Evidence Code section 1150, the answer to the first question is clearly "no." It is equally clear that the answer to the second question is "yes." Unless a court may draw reasonable inferences regarding the likely effect of improper statements, there is no point in admitting evidence of such statements. (See People v. Pierce, supra, 24 Cal.3d at pp. 208-209, 155 Cal.Rptr. 657, 595 P.2d 91.)

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