Crucial Exams

Multistate Bar Examination Practice Question

During a joint criminal trial, the prosecution introduces a redacted statement made by one defendant. The judge instructs the jury that it may consider the statement only against the declarant and not against the co-defendant. On appeal, the co-defendant argues that the jury must have ignored the limiting instruction.

Which of the following best states the general rule governing how appellate courts treat such limiting instructions?

  • Federal Rule of Evidence 105 requires a judge to order separate trials rather than give limiting instructions when evidence is admissible against only one party.

  • Appellate courts generally presume that juries follow the limiting instructions they are given, unless the record shows an extraordinary risk that jurors could not do so.

  • Juries are ordinarily presumed to disregard any limiting instruction and to consider evidence for any purpose they find persuasive.

  • Limiting instructions are constitutionally forbidden whenever the evidence carries any risk of prejudice against a criminal defendant.

Multistate Bar Examination
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