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The right to a fair trial plays a significant role in the United States justice system. This means anyone facing criminal law charges is entitled to have their case brought before an impartial judge and jury before it’s decided whether or not their freedom should be taken away. In cases where it is believed this right has been violated due to trial errors resulting in a conviction, a defendant’s attorney may choose to seek an appeal.

In the past, any mistake made during a trial opened up the possibility for a conviction to be overturned. However, that has changed with the progression of the harmless error rule, which allows appellate courts to determine whether or not an infraction made by the presiding judge was actually damaging enough to warrant a reversal on the ruling.

Harmless errors are considered to be technical in nature and have no real bearing on the outcome of a trial. This may include things like allowing a prosecutor to introduce inadmissible evidence or failing to give the jury proper instructions. While a defense attorney is likely to see these types of actions as grounds for an appeal, the harmless error rule says otherwise. As this rule has continued to evolve and find its way into prominent court cases, it has become increasingly more challenging for attorneys to win appeals and reverse the judgment on their clients’ criminal law charges.

criminal law chargesTo determine if an error was harmless, the courts will assess whether it truly would have had an impact on the verdict or if there was enough evidence against the defendant for the jury to come to the same conclusion. Despite the harmless error rule making it more difficult to get appeals granted, some violations are strictly forbidden from being considered harmless. Referred to as structural defects, these errors include insufficient evidence, ineffective assistance of counsel, and abuse of discretion. 

There are many opposing views within the justice system on the harmless error rule and the amount of weight it should have on the decision to overturn convictions. The more popular it grows with prosecutors, the more essential it becomes for those facing criminal law charges to work with a skilled defense attorney who has extensive experience with trials and filing appeals.

 

The legal team at The Walker Firm has a vast knowledge of criminal law and provides the residents of Warner Robins, GA, with an unmatched level of dedication to fighting for their rights. Contact them at (478) 923-4152, or visit their website to learn more.

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