Home > West's Encyclopedia of American Law > Harmless Error

The legal doctrine of harmless error is found in the Federal Rules of Criminal Procedure, extensive case law, and state statutes. It comes into use when a litigant appeals the decision of a judge or jury, arguing that an error of law was made at trial that resulted in an incorrect decision or verdict. The appellate court then must decide whether the error was serious enough to strike down the decision made at trial. Review for harmless error involves a complicated test that applies to state and federal laws as well as rules of procedure. If an error is held to be serious, the appellate court is likely to set aside the decision of the trial court and may order a new trial. If it deems the error harmless, the appellate court affirms the lower court's decision. The doctrine of harmless error thus prevents an unnecessary new trial when the error alleged would not have affected the outcome at trial.

Harmless error