Forfeiture and waiver (original) (raw)
Forfeiture and waiver are two concepts that U.S. courts apply in determining whether reversible error has occurred. Waiver is the voluntary relinquishment, surrender or abandonment of some known right or privilege. Forfeiture is the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform, etc. THE COURT: All right. There was a presentence report noted. There were objections. I think that all of those now have been resolved, have they not, Mr. Wagman?MR. WAGMAN: Yes, Your Honor.
Property | Value |
---|---|
dbo:abstract | Forfeiture and waiver are two concepts that U.S. courts apply in determining whether reversible error has occurred. Waiver is the voluntary relinquishment, surrender or abandonment of some known right or privilege. Forfeiture is the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform, etc. Per U.S. v. Olano, if a defendant has waived a right, then he cannot obtain redress in appellate court. If he has merely forfeited the right, e.g. by failing to raise a timely objection, then the standard of review become plain error pursuant to Federal Rule of Criminal Procedure 52(b). This means that, whereas if he had raised a timely objection, the burden of proof would have been on the opposing party to show that the error was harmless error, now the burden of proof is on the aggrieved party to show that the error was plain error. Moreover, in federal cases, the U.S. Court of Appeals may or may not choose to exercise its discretion to correct the plain error. It usually will not, unless failure to correct it would result in a miscarriage of justice that would seriously affect the fairness, integrity or reputation of the justice system. However, the courts relax their application of the plain-error test in cases involving . An example of a waiver would be invited error would be if a defendant requested that the court impose a condition of supervised release. In such a case, he could not later challenge the legality of the condition. When a defendant raises an argument and then abandons it, he may be viewed as having waived that argument. For instance, a defendant raised objections to the presentence report in his case but it was ruled that he waived those objections when his counsel and the judge had the following conversation: THE COURT: All right. There was a presentence report noted. There were objections. I think that all of those now have been resolved, have they not, Mr. Wagman?MR. WAGMAN: Yes, Your Honor. In another case, it was ruled that a Defendant could not have "affirmatively abandoned" an argument that he never made. Courts have noted, however, that as a practical matter, a defendant's consent to a probation condition is likely to be nominal where consent is given only to avoid imprisonment. (en) |
dbo:wikiPageID | 26253540 (xsd:integer) |
dbo:wikiPageLength | 3164 (xsd:nonNegativeInteger) |
dbo:wikiPageRevisionID | 834524543 (xsd:integer) |
dbo:wikiPageWikiLink | dbr:Reversible_error dbr:Invited_error dbr:Plain_error dbr:Harmless_error dbr:Waiver dbr:Miscarriage_of_justice dbr:Forfeiture_(law) dbc:American_legal_terminology dbr:Objection_(law) dbr:Standard_of_review dbr:Federal_Rule_of_Criminal_Procedure dbr:Supervised_release dbr:Presentence_report dbr:U.S._Court_of_Appeals dbr:U.S._v._Olano dbr:Constitutional_error |
dbp:wikiPageUsesTemplate | dbt:Reflist |
dcterms:subject | dbc:American_legal_terminology |
gold:hypernym | dbr:Concepts |
rdf:type | dbo:Automobile |
rdfs:comment | Forfeiture and waiver are two concepts that U.S. courts apply in determining whether reversible error has occurred. Waiver is the voluntary relinquishment, surrender or abandonment of some known right or privilege. Forfeiture is the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform, etc. THE COURT: All right. There was a presentence report noted. There were objections. I think that all of those now have been resolved, have they not, Mr. Wagman?MR. WAGMAN: Yes, Your Honor. (en) |
rdfs:label | Forfeiture and waiver (en) |
owl:sameAs | freebase:Forfeiture and waiver wikidata:Forfeiture and waiver https://global.dbpedia.org/id/4jS8N |
prov:wasDerivedFrom | wikipedia-en:Forfeiture_and_waiver?oldid=834524543&ns=0 |
foaf:isPrimaryTopicOf | wikipedia-en:Forfeiture_and_waiver |
is dbo:wikiPageRedirects of | dbr:Waiver_and_forfeiture |
is dbo:wikiPageWikiLink of | dbr:2012_term_United_States_Supreme_Court_opinions_of_Sonia_Sotomayor dbr:United_States_v._Olano dbr:Invited_error dbr:Government_of_North_Carolina dbr:Waivers dbr:List_of_types_of_waivers dbr:Waiver_and_forfeiture |
is foaf:primaryTopic of | wikipedia-en:Forfeiture_and_waiver |