Harmless Error: Difference between revisions
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Created page with '==Background== Until the 1900s most common law courts did not have any harmless error analysis. The prevailing rule for error was known as the Exchequer Rule. Under the Exchequer�' |
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Until the 1900s most common law courts did not have any harmless error analysis. The prevailing rule for error was known as the Exchequer Rule. Under the Exchequer Rule any trial error on the admission of evidence created an automatic presumption of error requiring a new trial. Throughout the 1800s this rule provided defendants with ample grounds for appeal. However the Exchequer Rule came under sharp criticism as being overly technical. In 1919, a federal statute was adopted requiring courts to examine the entire record, disregarding technical errors which did not substantially affect the rights of the parties. | Until the 1900s most common law courts did not have any harmless error analysis. The prevailing rule for error was known as the Exchequer Rule. Under the Exchequer Rule any trial error on the admission of evidence created an automatic presumption of error requiring a new trial. Throughout the 1800s this rule provided defendants with ample grounds for appeal. However the Exchequer Rule came under sharp criticism as being overly technical. In 1919, a federal statute was adopted requiring courts to examine the entire record, disregarding technical errors which did not substantially affect the rights of the parties. | ||
==When to | ==When to apply the harmless error test== | ||
== How to apply the Harmless Error Test == | == How to apply the Harmless Error Test == | ||
Revision as of 13:28, 10 June 2010
Background
Until the 1900s most common law courts did not have any harmless error analysis. The prevailing rule for error was known as the Exchequer Rule. Under the Exchequer Rule any trial error on the admission of evidence created an automatic presumption of error requiring a new trial. Throughout the 1800s this rule provided defendants with ample grounds for appeal. However the Exchequer Rule came under sharp criticism as being overly technical. In 1919, a federal statute was adopted requiring courts to examine the entire record, disregarding technical errors which did not substantially affect the rights of the parties.
