Reversible errors in a criminal case that an appeals court may consider sufficient to overturn a conviction usually result from the denial of a defendant's constitutional rights, which in judicial parlance are called "structural errors."
An example of a structural error that deprives a defendant of their constitutional rights would be if the appeals court found racial discrimination in the selection of a grand jury that issued the indictment. The US Supreme Court found in United States vs. Gonzalez-Lopez (2006) that structural errors that increase "the likelihood of a trial outcome unfavorable to the defendant” must lead to the overturning of a conviction.
Ineffective assistance of counsel is another common structural error cited by defendants when appealing a conviction. An example when ineffective assistance of counsel would be not providing a defendant information about a potential conflict of interest—say, a prior working relationship with one of the prosecution witnesses.
Monday, June 25, 2018
What are two reversible errors that an appeals court might grant to someone convicted of a crime? Provide a hypothetical example of each.
Subscribe to:
Post Comments (Atom)
Why is the fact that the Americans are helping the Russians important?
In the late author Tom Clancy’s first novel, The Hunt for Red October, the assistance rendered to the Russians by the United States is impor...
-
There are a plethora of rules that Jonas and the other citizens must follow. Again, page numbers will vary given the edition of the book tha...
-
The poem contrasts the nighttime, imaginative world of a child with his daytime, prosaic world. In the first stanza, the child, on going to ...
-
The given two points of the exponential function are (2,24) and (3,144). To determine the exponential function y=ab^x plug-in the given x an...
-
The only example of simile in "The Lottery"—and a particularly weak one at that—is when Mrs. Hutchinson taps Mrs. Delacroix on the...
-
Hello! This expression is already a sum of two numbers, sin(32) and sin(54). Probably you want or express it as a product, or as an expressi...
-
Macbeth is reflecting on the Weird Sisters' prophecy and its astonishing accuracy. The witches were totally correct in predicting that M...
-
The play Duchess of Malfi is named after the character and real life historical tragic figure of Duchess of Malfi who was the regent of the ...
No comments:
Post a Comment