Malcolm Rivera
Relief from manifest constitutional error and injustices is a complex area of law that can have significant implications for both the legal system and the parties involved. Manifest constitutional error refers to a mistake made by a judge during a trial that has a significant negative impact on a party's constitutional rights, compromising the fairness of the trial. An example of this is illegally obtained evidence being allowed in a criminal trial. On the other hand, manifest injustice refers to an error by the court that is direct, obvious, and observable, resulting in a sentence that is unreasonably harsh or shocking to the conscience of a reasonable person. This may involve situations where a defendant's rights have been significantly violated, such as through a lack of understanding of the implications of a guilty plea. While courts exercise caution in granting relief under these principles, it is important to note that the specifics of each case play a crucial role in determining whether relief can be granted.
How to get relief from manifest constitutional error and injustices
| Characteristics | Values |
|---|---|
| Manifest constitutional error | A mistake made by a judge during a trial that has a significant negative impact on a party's constitutional rights |
| Examples | Allowing illegally obtained evidence in a criminal trial, allowing irrelevant testimony in a civil trial |
| Relief from manifest constitutional error | Review by a higher court, even if no objection was raised at the trial |
| Manifest injustice | An error by the court that is direct, obvious, and observable, resulting in an unreasonably harsh sentence |
| Examples | Allowing a guilty plea that was not entered into voluntarily, knowingly, and intelligently; imposing an excessive penalty on a juvenile |
| Relief from manifest injustice | Withdrawing a guilty plea, reducing or extending a sentence |
| Considerations | Specific circumstances of each case, maintaining integrity of the judicial process, balancing finality of judgments and correcting miscarriages of justice |
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What You'll Learn
Errors in criminal trials
One example of a manifest constitutional error is the admission of illegally obtained evidence. If a judge allows the prosecutor to present such evidence, and it significantly impacts the defendant's rights, it constitutes a manifest constitutional error. This error violates the defendant's right to a fair trial and can be reviewed by a higher court, even if the defence did not object during the trial.
Another example is ineffective assistance of counsel. The Sixth Amendment of the U.S. Constitution guarantees the right to effective legal representation for all defendants. If defence counsel fails to suppress unfairly obtained evidence or provide adequate legal guidance, it may constitute ineffective assistance of counsel and serve as grounds for a criminal appeal.
It is important to distinguish between manifest constitutional errors and other types of errors that may not affect a party's substantive rights or the trial's outcome. Manifest constitutional errors specifically compromise a party's constitutional rights and can be reviewed by a court of appeals, even if no objection was raised during the trial.
To establish manifest constitutional error, actual prejudice must be demonstrated. This involves a plausible showing by the appellant that the error had practical and identifiable negative consequences on the trial. The presence of these consequences indicates a compromise of the constitutional rights of a party, rendering the trial unfair.
In conclusion, errors in criminal trials can have significant ramifications. Manifest constitutional errors, in particular, infringe upon a party's constitutional rights and can be reviewed by higher courts. It is crucial to identify and address these errors through the appeals process to ensure that justice is served and the rights of all parties involved are protected.
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Errors in civil trials
One type of error that can occur in civil trials is a prejudicial error. This refers to mistakes made by the judge regarding the law, incorrect instructions given to the jury, or errors or misconduct by lawyers or the jury. To establish prejudicial error, it must be demonstrated that the error caused substantial harm to one of the parties, and that the outcome of the case may have been different without the error. For example, if a judge allows irrelevant testimony that unfairly prejudices the jury against one party, it can be argued that the party's right to a fair trial was compromised, resulting in a prejudicial error.
Another category of error is "reversible error per se", where the conduct or rulings of the lower court so impair a party's right to a fair trial that no further proof of harm is required. An example of this is jury misconduct, where the appellate court must review the record to determine if there was a reasonable probability of actual harm to the complaining party. Judicial bias is another instance where reversible error per se may be found, as it can prevent a party from receiving a fair trial.
It is worth noting that not all errors in civil trials result in a presumption of prejudice. The appellate court will review the record to determine if an error occurred and if it had a significant impact on the trial's outcome. This process involves examining the trial court's application of the law and its use of discretion. The appellate court's role is not to re-try the case or consider new evidence but to assess whether the trial court's interpretation of the law was correct and whether any errors occurred.
In civil cases, either party may appeal to a higher court, and the appellate court will review the trial court record to identify any legal mistakes that may have altered the outcome. The appealing party, known as the appellant, must file a notice of appeal and present their arguments within a specified timeframe. The appellate court will then determine whether errors occurred and if they warrant reversal or modification of the trial court's decision.
To seek relief from errors in civil trials, it is essential to understand the specific nature of the error, its impact on the trial, and the applicable standards of review. Consulting with legal professionals is crucial to navigate the appeals process effectively and ensure the protection of one's rights.
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Relief for defendants in North Carolina
Defendants in North Carolina can file a Motion for Appropriate Relief (MAR) to seek relief from errors that occurred during their trial. The purpose of an MAR is to provide a simpler, immediate, and less expensive way to correct errors than filing an appeal. The North Carolina government has recently broadened the defendant's ability to obtain relief.
The statutory guidelines require a person to file for relief within 10 days of the entry of a guilty verdict. Defendants can file an MAR at any time after the entry of judgment if there are serious constitutional violations that would require the judge to vacate the judgment or order a new trial. The types of relief a defendant can request and receive are outlined in the NC criminal code.
The MAR must be in writing and state the grounds for relief, the relief sought, and be supported by an affidavit. If made in a superior court by an attorney, it must contain a certification. The MAR must be filed with the clerk of the court in the district where the defendant was indicted and served on the district attorney (and the Attorney General in capital cases).
The judge can then investigate the alleged errors and correct them. Judges have the authority to grant any type of necessary relief, including overturning the conviction, vacating the defendant's conviction, or dismissing the criminal charges. However, judges will only overturn a conviction when they find that an error occurred, and the error prevented the defendant from receiving a fair trial.
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Due process standards
To establish manifest constitutional error or manifest injustice, the actual prejudice must be proven. This entails demonstrating that the error had practical and identifiable consequences on the trial's outcome. For instance, during a criminal trial, if the judge allows the prosecutor to present illegally obtained evidence that violates the defendant's constitutional rights, it constitutes manifest constitutional error.
The interpretation of manifest injustice and the subsequent relief granted are highly dependent on the specific circumstances of each case. Courts exercise caution when granting relief for manifest injustice to maintain the integrity of the judicial process and ensure that such measures are reserved for extraordinary situations. This high threshold helps balance the finality of judgments with correcting genuine miscarriages of justice.
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Injustices against juveniles
Juvenile justice systems were established in recognition of the fact that children who commit crimes are less blameworthy than adults and have a greater capacity for change. The first juvenile court was established in Cook County, Illinois in 1899, and by the mid-1920s, every state in the country had a separate system of criminal justice for juveniles.
However, the juvenile justice system has faced criticism and concerns over the years due to its informality, lack of due process, and potential for substantial deprivations of children's liberty through long periods of incarceration. In the landmark 1967 case of In re Gault, the U.S. Supreme Court determined that juveniles charged with delinquency in juvenile court have many of the same due process rights as adults, including the right to an attorney, the right to confront witnesses, the right to have charges proven beyond a reasonable doubt, and protection against double jeopardy. Despite these extensions of rights, concerns persist about the effectiveness of the juvenile justice system in protecting and rehabilitating youth.
One significant issue is the "tough on crime" policies enacted in response to increasing juvenile crime rates in the late 1980s and early 1990s. These policies resulted in harsh penalties for juveniles, including life sentences without parole and even the death penalty in some cases. Many of these laws also exposed youth to the dangers of incarceration with adult offenders, undoing the original purpose of separate juvenile courts. While juvenile crime rates have decreased since the 1990s, these harsh penalties remain on the books in many states.
Furthermore, the juvenile justice system has been criticized for its disproportionate impact on youth of color, who are incarcerated at higher rates and face biased decision-making throughout the justice process. Research shows that incarceration harms young people's physical and mental health, impedes their education and career prospects, and often exposes them to abuse. For example, an investigation by the Miami Herald in 2017 revealed widespread violence and abuse within Florida's state-funded juvenile facilities, including instances of staff bribing youth to assault each other and physically assaulting youth without provocation.
To address these injustices against juveniles, reforms are needed to ensure that the juvenile justice system aligns with its original purpose of rehabilitation and protection. This includes revisiting harsh sentencing policies, addressing racial disparities, and providing alternatives to incarceration that focus on the needs and well-being of youth.
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Frequently asked questions
Manifest constitutional error is a mistake made by a judge during a trial that has a significant negative impact on a party's constitutional rights. An example of this would be if a judge allowed the prosecutor to present illegally obtained evidence in a criminal trial.
Manifest injustice means something that is obviously unfair and that refers to an unfairness that is direct, obvious, and observable. An example would be a disposition that would impose an excessive penalty on a juvenile.
Yes, but courts are cautious in granting relief under this principle. The application of manifest injustice depends heavily on the specifics of each case and the need to uphold the integrity of the judicial process.
Manifest constitutional error is a type of error that occurs during a trial that affects the constitutional rights of a party, whereas manifest injustice pertains to situations where the court overlooks some dispositive factual or legal matter that was presented to it.
