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Harmless Error

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The Riddle Of Harmless Error

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Author : Roger J. Traynor
language : en
Publisher: Columbus : Ohio State University Press
Release Date : 1970

The Riddle Of Harmless Error written by Roger J. Traynor and has been published by Columbus : Ohio State University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Law categories.

Harmless Error

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Author : William M. Landes
language : en
Publisher:
Release Date : 2000

Harmless Error written by William M. Landes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Appellate procedure categories.

The Harmless Error Rule

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Author : Germain P. Boyle
language : en
Publisher:
Release Date : 1955

The Harmless Error Rule written by Germain P. Boyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with Courts-martial and courts of inquiry categories.

An Empirical Method For Harmless Error

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Author : D. Winkelman
language : en
Publisher:
Release Date : 2017

An Empirical Method For Harmless Error written by D. Winkelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

Trials are often imperfect. When inadmissible evidence is introduced or the jury is incorrectly instructed, judges must determine whether the error was prejudicial or merely harmless. In making that assessment, judges resort to speculation about the counterfactual question of whether the error changed the outcome, compared to the decision of a properly informed and instructed jury. These decisions are likely colored by confirmation and status quo biases, along with “mental contamination” of the error itself. Even when appellate judges perform these analyses accurately, their decisions appear conclusory. Scholars and judges have roundly criticized this doctrine, but no solution has emerged. We developed and piloted an unbiased and transparent method for making harmless error determinations, using randomized experiments with simulated jurors. To pilot this method on three real cases, we recruited 489 human subjects to participate as mock jurors reviewing trial vignettes that we manipulated into conditions with and without the errors. Subjects were blinded to the purpose of the study and to the first trial's outcome. By comparing verdict rates in the error and no-error conditions, we estimated whether the error was harmful.We found a high degree of correspondence between the assessments of real judges and our experimental method, which could be taken as a validation of the method and reassurance that it would not cause a radical change in the rates at which new trials are granted. Still, across the thousands of cases in which harmless error determinations are made each year, the empirical method may be more reliable since it avoids known biases. The transparency of our method may also lend greater legitimacy to harmlessness determinations. If such a method is used as a tool for litigants in real cases, courts will be called upon to establish procedures for taking such evidence and then draw lines to specify how much prejudice is too much, while also being sensitive to the limitations of statistical power. Our study is most useful as proof of concept for a new method to improve harmless error analyses.

Harmless Error

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Author : Carlton J. Nadeau
language : en
Publisher:
Release Date : 1986

Harmless Error written by Carlton J. Nadeau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Criminal justice, Administration of categories.

Abuse Of Discretion Reversible Error Harmless Error Plain Error Structural Error A New Paradigm For Criminal Cases

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Author : Michael H. Graham
language : en
Publisher:
Release Date : 2008

Abuse Of Discretion Reversible Error Harmless Error Plain Error Structural Error A New Paradigm For Criminal Cases written by Michael H. Graham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.

Defining and distinguishing reversible error, harmless error, plain error, and structural error both theoretically and practically is currently an almost hopeless task. The purpose of this article is to delineate the reasons for such complexity and confusion and to suggest proposed amendments to Fed.R.Evid. 103 and Fed.R.Crim.Proc. 52, the result of which hopefully would be a comprehensive, theoretically sound and workable scheme for determining whether evidentiary errors committed at trial below require the granting on appeal of a new trial in a criminal case.

Harmless Error

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Author : Kate Donovan
language : en
Publisher: Grand Central Publishing
Release Date : 2001-10-01

Harmless Error written by Kate Donovan and has been published by Grand Central Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-01 with Fiction categories.

To celebrated criminal defense attorney Derek Grainger, objectivity is the key to success. But how can he be objective when his new client, a convicted murderer, possesses information crucial to the welfare of Derek's five-year-old daughter and won't divulge it unless and until his conviction is reversed on appeal? Derek frantically searches the trial transcripts for reversible errors, and when his efforts are unsuccessful, he takes a desperate gamble and hires an assistant