What is the general rule for error under the United States Constitution that reversal requires prejudice and prejudice?

California, United States of America


The following excerpt is from People v. Sandoval, 14 Cal.Rptr.2d 342, 4 Cal.4th 155, 841 P.2d 862 (Cal. 1992):

Similarly, it is the general rule for error under the United States Constitution that reversal requires prejudice and prejudice in turn is presumed unless the government shows that the failing was harmless beyond a reasonable doubt. (See, e.g., Rose v. Clark (1986) 478 U.S. 570, 576-579, 106 S.Ct. 3101, 3105-3107, 92 L.Ed.2d 460.)

Other Questions


Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
Does a cumulative effect of errors resulting in errors requiring reversal require reversal? (California, United States of America)
What is the legal test for determining whether a constitutional error does not automatically require reversal? (California, United States of America)
What is the test for classification in the Fourteenth Amendment of the Constitution of the United States and the California Constitution? (California, United States of America)
Does the Attorney General's error in instructing a jury to convict a defendant of embezzling a vehicle constitute a harmless error? (California, United States of America)
Does the fact that the trial court stated at a sentencing hearing that Griffin had a history of prior residential burglaries constitute reversible error? (California, United States of America)
What constitutes misconduct under the Fourteenth Amendment of the United States Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process? (California, United States of America)
Does the error in failing to instruct the jury on involuntary manslaughter constitute a reversible error? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.