Legal Definitions - Caldwell error

Definition: Caldwell error is a mistake made during a death penalty trial where the person deciding the sentence is led to believe that the responsibility for determining the appropriateness of the defendant's death sentence lies elsewhere. This is a constitutionally impermissible error.

Example: During a death penalty trial, the prosecutor or judge tells the jury that the death sentence, if inappropriate, may be overturned on appeal. This is a Caldwell error because it leads the person deciding the sentence to believe that the responsibility for determining the appropriateness of the defendant's death sentence lies elsewhere.

Explanation: Caldwell error is a serious mistake that can affect the outcome of a death penalty trial. It is unconstitutional because it undermines the responsibility of the person deciding the sentence. The example illustrates how the prosecutor or judge can make a Caldwell error by telling the jury that the death sentence may be overturned on appeal. This leads the person deciding the sentence to believe that they are not solely responsible for determining the appropriateness of the defendant's death sentence.