Appellate Review of Structural Errors in Criminal Trials

 
July 29, 2009

This article examines a determination made in several cases by the U.S. Court of Appeals for the Second Circuit that small structural trial errors do not automatically mandate reversal. This approach is in direct contrast with the U.S. Supreme Court’s apporach that all structural errors--regardless of whether they are trivial or substatia--mandate reversal.

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