Plain error is a legal concept that originated from common law and has been refined over time. It’s used to refer to an error made by a court that is so obvious that applicable law or rules are violated. Plain error does not include mistakes of judgment or errors that involve a question of fact or discretion.
One example of plain error that is commonly seen in court proceedings is when a judge admitted evidence that was illegally obtained. Because this goes against the law, it is a clear example of plain error. Likewise, if a judge excludes evidence that is legally admissible, that too can be considered plain error, as it goes against the rules of evidence.
The concept of plain error has been codified in the United States by the Federal Rules of Criminal Procedure. Rule 52(b) states that “Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.” In other words, the court has authority to correct plain errors regardless of whether or not they were brought to its attention.
Plain error is a legal concept that has been used for centuries and remains in use today in order to ensure that justice is served. This legal concept serves as an important corrective tool, allowing the court to fix a mistake that could otherwise lead to an unjust verdict or a miscarriage of justice.