What constitutes a reversible error in a criminal case?
California, United States of America
The following excerpt is from People v. Torres, 133 Cal.App.3d 265, 184 Cal.Rptr. 39 (Cal. App. 1982):
The general rule is that prosecutorial misconduct which results in denial to defendant of a fair trial constitutes reversible error. (People v. Bolton (1979) 23 Cal.3d 208, 152 Cal.Rptr. 141, 589 P.2d 396.) However, "(I)n the absence of prejudice to the fairness of a trial, prosecutor misconduct will not trigger reversal." (People v. Bolton, supra, 23 Cal.3d at 214, 152 Cal.Rptr. 141, 589 P.2d 396.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
Does a constitutional error in a federal criminal case require a reversal of a conviction? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
What is the requirement in criminal cases that constitutional error be found harmless beyond a reasonable doubt? (California, United States of America)
Is there any reversible error in giving a jury an instruction of "willfully" or "revolving" in a criminal case? (California, United States of America)
Does the cumulative effect of a cumulative error in a criminal case result in a reversal of a conviction? (California, United States of America)
What is the test for reversing a finding of error in the introduction of evidence in a criminal case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
