Define: Plain Error

Plain error is a legal term that refers to a mistake made by a judge during a trial that was not objected to by either party at the time it occurred.

The standard for plain error is that it must be a clear and obvious error that affects the defendant’s substantial rights.

Plain error is an error that affects the defendant’s substantial rights, while harmless error is an error that does not affect the outcome of the trial.

Yes, plain error can be raised on appeal even if it was not raised at trial, but the defendant must show that the error was so obvious that the trial judge should have noticed it and corrected it on their own.

The remedy for plain error is usually a new trial or a reversal of the conviction.

Yes, plain error can be waived if the defendant fails to object to the error at trial.

Examples of errors that can be considered plain error include improper jury instructions, improper admission or exclusion of evidence, and improper sentencing.

Yes, plain error can be raised in a civil case, but the standard for plain error is different in civil cases than in criminal cases.

The defendant has the burden of proving plain error.

Yes, plain error can be raised in a post-conviction proceeding, but the defendant must show that the error was not harmless and that it affected the outcome of the trial.