Reversible Error

Reversible Error in the United States

A mistake that substantially affects a person’s rights and requires the setting aside of a lower court judgment on appeal. Reversible error is of such consequence that a miscarriage of justice results from its remaining uncorrected. Reversible error is prejudicial error in that it adversely affects a person’s basic rights. A claimed error in a trial becomes the focus of an appeal. The appellate court must determine if an error did, indeed, occur, and whether the error was substantial enough to require the reversal of the judgment. Reversible error is the opposite of “harmless error,” where a mistake is inconsequential or immaterial to the outcome.

See Also

Appeal (Judicial Effects and Policies) Harmless Error (Judicial Effects and Policies), Reversal (Judicial Effects and Policies).

Analysis and Relevance

Reversible error renders a criminal conviction void. The task on appeal is to convince an appellate court that an error was actually made. A judge may rule that an item be admitted into evidence. The item may have been obtained by police in a manner that was suspect. The appellate court will determine whether the search that produced the evidence was reasonable. If the reviewing court concludes that the search was proper, there is no error and the conviction stands. If, on the other hand, the search is determined to be defective, the outcome must be reversed. Errors that affect basic constitutional rights are presumed to influence outcomes and, therefore, are reversible.

Notes and References

  1. Definition of Reversible Error from the American Law Dictionary, 1991, California

Practical Information

Note: Some of this information was last updated in 1982

Error in a lower court substantial enough to cause a miscarriage of justice and to justify a reversal by a higher court.

(Revised by Ann De Vries)

What is Reversible Error?

For a meaning of it, read Reversible Error in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Reversible Error.


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