California, United States of America
The following excerpt is from People v. Brown, 250 Cal.Rptr. 604, 46 Cal.3d 432, 758 P.2d 1135 (Cal. 1988):
"Article VI, section 4 1/2, of the Constitution provides that a reversal shall not follow because of error 'unless, after an examination[758 P.2d 1156] of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.' In People v. Watson [ (1956) ] 46 Cal.2d 818, 836 [299 P.2d 243], not a death penalty case, the court after an exhaustive analysis said as to the question of guilt, '... the test generally applicable may be stated as follows: That a "miscarriage of justice" should be declared only when the court, "after an examination of the entire cause, including the evidence," is of the "opinion" that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error.' That test has many times been restated. As to the issue of guilt, that test is quite clear in its application. The appellate court is required to read the record, determine what errors were committed, and then try to tell from that record whether, had those errors not occurred 'it is reasonably probable that a result more favorable to the appealing party would have been reached.' ...
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.