Reversible error

Definition: Error made during a trial that warrants a reversal of a guilty verdict

Significance: Trial court verdicts can be reversed when appellate courts determine that defendants’ cases have been seriously harmed by mistakes made during their trials.

One of the primary functions of federal and state appellate courts is to review and correct errors committed during trials. Errors can occur at any stage of the trial. Appellate courts may also review the competence and impartiality of the actors involved in the trials, including defense attorneys, judges, witnesses, and jury members.

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Under English common law almost all findings of trial errors resulted in reversals, Now, however, American courts classify errors into two principal types: harmless and reversible. A harmless error is one considered to be a simple mistake made during the course of a trial that does not affect the decision of the judge or jury. By contrast, a reversible error is a mistake committed during a trial that is considered so serious that it warrants a reversal of the verdict, either because it negatively affects the outcome of the trial or because it abridges the defendant’s fundamental constitutional rights.

Errors of a constitutional nature are regarded as more serious than nonconstitutional errors. Appellate courts have held that constitutional errors warrant reversals when there is a possibility they have contributed to decisions of the judges or juries. Nonconstitutional errors can be grounds for reversal only when appellate courts determine that they have significantly influenced verdicts.

Bibliography

Traynor, Roger J. The Riddle of Harmless Error. Columbus: Ohio State University Press, 1970.

Whitebread, Charles H., and Christopher Slobogin. Criminal Procedure: An Analysis of Cases and Concepts. New York: Foundation Press, 2000.