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Warning
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Simple English definitions for legal terms
plain error
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A quick definition of plain error:
Plain error is a mistake that is very obvious and affects someone's important rights. Even if the mistake wasn't pointed out before, a higher court can still fix it if not doing so would make the court look bad. This is especially important in criminal cases. To decide if there is a plain error, the court looks at four things: 1) was there a mistake, 2) was it really obvious, 3) did it hurt the person's rights, and 4) is it important to fix the mistake to make sure the court is fair? If all four things are true, the court can fix the mistake. This is different from a harmless error, which doesn't hurt someone's rights and can be ignored.
A more thorough explanation:
Plain error is a mistake that is clearly evident from the record and affects a person's important rights. It can be corrected by an appellate court even if it was not brought up during the trial. This is done to ensure that the court's decisions are fair and just.
For example, if a judge miscalculates a person's sentence and gives them a longer sentence than they should have received, this would be a plain error. The appellate court can correct this mistake to make sure the person is not unfairly punished.
There are four criteria that must be met for an error to be considered plain:
- There must be an error that was not waived by the person affected.
- The error must be clear and obvious.
- The error must have affected the person's important rights.
- The error must have seriously affected the fairness, integrity, or reputation of the court's decision.
It is important to note that not all errors are considered plain errors. Harmless errors, which do not affect important rights, are not corrected by appellate courts.