Curative Instruction Law & Legal Definition
A curative instruction is given to a jury by the judge in a case to negate the prejudicial effect of an erroneous instruction or tainted evidence. It is the preferred remedy for correcting error when the court members have heard inadmissible evidence, as long as the instruction is adequate to avoid prejudice to the accused.
In the absence of a defense objection, motion for mistrial, or request for curative instruction, a prosecutor's allegedly improper arguments at trial will not be considered on appeal unless the comments constitute such flagrant and ill-intentioned prosecutorial misconduct that no curative instruction could have overcome the prejudice created.
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