miscarriage of justice

miscarriage of justice
Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of party. As used in constitutional standard of reversible error, "miscarriage of justice" means a reasonable probability of more favorable outcome for the defendant. People v. Lopez, 251 Cal.App.2d 918, 60 Cal.Rptr. 72, 76.
A miscarriage of justice, warranting reversal, should be declared only when the court, after examination of entire cause, including the evidence, is of the opinion that it is reasonably probable that a result more favorable to appealing party would have been reached in absence of the error. People v. Bernhardt, 222 C.A.2d 567, 35 CaLRptr. 401, 419.
Miscarriage of justice from erroneous charge to jury, under statute declaring that no judgment shall be set aside or new trial granted on basis of error which does not result in such miscarriage, results only when an erroneous charge is reasonably calculated to confuse or mislead. Marley v. Saunders, Fla., 249 So.2d 30, 35

Black's law dictionary. . 1990.

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  • miscarriage of justice — mis·car·riage of justice /ˌmis kar ij , mis ˌkar /: an error at trial that probably led to a less favorable outcome for the appealing party Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. miscarriage of justice …   Law dictionary

  • miscarriage of justice — misˌcarriage of ˈjustice noun miscarriages of justice PLURALFORM [countable] a situation in which someone is wrongly punished by a court of law for something they did not do * * * miscarriage of justice UK US noun [C] (plural miscarriages of… …   Financial and business terms

  • miscarriage of justice — noun Failure of the courts to do justice • • • Main Entry: ↑miscarriage * * * misˌcarriage of ˈjustice [miscarriage of justice] noun uncountable …   Useful english dictionary

  • miscarriage of justice — ► NOUN ▪ a failure of a court or judicial system to fulfil the objective of justice …   English terms dictionary

  • miscarriage of justice — noun count a situation in which a court of law punishes someone for a crime they did not commit …   Usage of the words and phrases in modern English

  • Miscarriage of justice — Criminal procedure Criminal trials and convictions …   Wikipedia

  • miscarriage of justice — Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of party. As used in constitutional standard of reversible error, miscarriage of justice means a reasonable probability of more favorable outcome… …   Black's law dictionary

  • miscarriage of justice — miscarriages of justice N VAR A miscarriage of justice is a wrong decision made by a court, as a result of which an innocent person is punished. I can imagine no greater miscarriage of justice than the execution of an innocent man. ...a report… …   English dictionary

  • miscarriage of justice — UK / US noun [countable] Word forms miscarriage of justice : singular miscarriage of justice plural miscarriages of justice a situation in which a court of law punishes someone for a crime that they did not commit …   English dictionary

  • miscarriage of justice — mis.carriage of justice plural miscarriages of justice n [U and C] a situation in which someone is wrongly punished by a court of law for something they did not do ▪ the victim of a serious miscarriage of justice …   Dictionary of contemporary English

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