Legal Definitions - plain error

Plain error is a mistake that is clearly evident from the record and affects a person's important rights. It can be corrected by an appellate court even if it was not brought up during the trial. This is done to ensure that the court's decisions are fair and just.

For example, if a judge miscalculates a person's sentence and gives them a longer sentence than they should have received, this would be a plain error. The appellate court can correct this mistake to make sure the person is not unfairly punished.

There are four criteria that must be met for an error to be considered plain:

1. There must be an error that was not waived by the person affected.
2. The error must be clear and obvious.
3. The error must have affected the person's important rights.
4. The error must have seriously affected the fairness, integrity, or reputation of the court's decision.

It is important to note that not all errors are considered plain errors. Harmless errors, which do not affect important rights, are not corrected by appellate courts.