ABSTRACT

It was called the “trial of the century.” As in live theater, the O. J. Simpson trial was packed with drama—and much of it was created by information that was not in evidence. In his opening statement, defense lawyer Johnnie Cochran repeatedly made reference to witnesses who would not later testify, eliciting a series of objections from prosecuting attorney Marcia Clark. Eventually, the trial judge ordered the jury to disregard these references. A few days later, Denise Brown, Nicole’s sister, broke down and cried on the witness stand as gruesome crime photos triggered a gasp in the courtroom. Also during the trial, Simpson published his story in a book, Marcia Clark became embroiled in a child custody suit, and defense lawyers were caught withholding key evidence. As in other cases, the jury was shielded from some of these events, but it was instructed to disregard the rest. The question is, are juries influenced by information not in evidence? And to what extent do they, or can they, comply with the all-too-familiar admonishment to disregard?