NCJ Number
81020
Journal
Criminal Law Bulletin Volume: 18 Issue: 1 Dated: (January/February 1982) Pages: 50-58
Date Published
1982
Length
9 pages
Annotation
Principles governing appellate consideration of trial error are explained.
Abstract
Error at trial affecting a substantial right of a party may constitute reversible error; however, not all error in the admission or exclusion of evidence results in a reversal of the judgment on appeal. Most error, even to be considered on appeal, must be properly preserved at trial. Further, the error must affect a substantial right. The properly preserved error affecting a substantial right may nevertheless be found on appeal to be harmless error, with the judgment being affirmed in spite of the appellate court's recognition of the error. An error affecting a constitutional right requires reversal unless the court finds the error to be harmless beyond a reasonable doubt. Moreover, certain error, known as plain error, will result in reversal on appeal even though not properly preserved at trial. Other error, properly preserved at trial, may result in reversal as a matter of law without reference to whether a substantial right of a party was affected. Such per se rules frequently are fashioned when the risk of affecting a party's substantial rights is unusually high but proof of such prejudice may be difficult to establish; an important social policy will be served by a prophylactic rule; a more definite standard is required to guide official conduct in future cases; or case-by-case analysis places an unjustifiable burden on limited judicial resources. Thirty-three footnotes are listed. (Author summary modified)