Author Question: Explain the differences between constitutional and nonconstitutional errors. What will be an ... (Read 29 times)

HCHenry · **on:** Aug 17, 2018

Explain the differences between constitutional and nonconstitutional errors.

What will be an ideal response?

Question 2

What guidelines has the Supreme Court imposed on the appellate process?

What will be an ideal response?

mammy1697 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Whether an error at trial is considered harmless depends, in part, on whether the error is constitutional or nonconstitutional. Constitutional errors result from constitutional rights violations, such as denying the accused the right to confront adverse witnesses at trial. Nonconstitutional errors do not have constitutional implications. An example of a nonconstitutional error is a trial court's decision to admit hearsay evidence. Although hearsay may be excluded under the rules of evidence, there is no constitutional prohibition against hearsay evidence in the courtroom.

Answer to Question 2

Specifically, the government must ensure that the defendant has (1) access to trial transcripts, (2) the right to counsel, and (3) the right to be free from government retaliation for a successful appeal.