Abuse of Discretion, Reversible Error, Harmless Error, Plain Error, Structural Error; A New Paradigm for Criminal Cases

Criminal Law Bulletin, Vol. 43, pp. 955-80, November-December 2007

University of Miami Legal Studies Research Paper No. 2008-20

36 Pages Posted: 8 Apr 2008 Last revised: 11 Jun 2008

See all articles by Michael H. Graham

Michael H. Graham

University of Miami - School of Law

Abstract

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.

Suggested Citation

Graham, Michael H., Abuse of Discretion, Reversible Error, Harmless Error, Plain Error, Structural Error; A New Paradigm for Criminal Cases. Criminal Law Bulletin, Vol. 43, pp. 955-80, November-December 2007, University of Miami Legal Studies Research Paper No. 2008-20, Available at SSRN: https://ssrn.com/abstract=1117585

Michael H. Graham (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
462
Abstract Views
2,514
rank
73,923
PlumX Metrics