During a criminal trial, the judge admitted evidence obtained through a search that the defendant claims violated the Fourth Amendment. The jury subsequently found the defendant guilty. On appeal, the defendant’s attorney argues that the admission of the evidence was a reversible error. Under which of the following circumstances would an appellate court most likely reverse the conviction?
The improperly admitted evidence had a significant effect on the jury’s verdict.
The trial judge admitted the evidence without specifying their reasoning.
The defendant failed to object to the evidence at trial but raised the issue during appeal.
The improperly admitted evidence was cumulative and similar to other evidence presented at trial.
An appellate court will reverse a conviction if the alleged error is determined to be a reversible error, meaning an error that affected the defendant’s substantial rights and likely influenced the outcome of the trial. For instance, if improperly admitted evidence played a significant role in persuading the jury to convict, the error is more likely to be considered reversible. By contrast, a harmless error is one that does not materially impact the outcome of the trial. Even if an error occurred — such as admitting evidence improperly — the court will not reverse if the overall evidence of guilt is overwhelming and the error did not prejudice the defendant. Procedural or technical objections that were not raised during the trial may not even be considered on appeal due to the contemporaneous objection rule, which requires timely objection to preserve most issues for appellate review.
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Multistate Bar Examination
Criminal Law and Procedure
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