明显错误规则 plain error rule

一项适用于具体案件的规则，即对影响当事人实质性权利，造成显然不公或误判的明显错误，在受理重审申请或上诉时应予考虑。对这种明显的、极为有害的错误，如不予纠正，必然造成不公平的结果，并影响司法的公正与信誉。

The principle that an appeals court can reverse a judgment and order a new trial because of a serious mistake in the proceedings, even though no objection was made at the time the mistake occurred. The issuance of inconsistent instructions to a jury that would result in a miscarriage of justice, for example, can furnish the basis for a new trial, even though no timely and proper objection to the instructions was made. Although a person is entitled to a fair trial, he or she is not entitled to a flawless one; the individual does not have the right to a new trial merely because a HARMLESS ERROR has been committed. 具体例句如下，可供参考：

例句1

Plain error is error that is plainly evident from the record and affects a litigant's substantial right(s). Although an appellate court generally only reviews errors brought to its attention by the litigants, it has the discretion to correct plain errors that were not addressed, or forfeited, when not doing so would affect the integrity and reputation of the courts. However, this power is permissive and not mandatory. Plain errors are often the issue in Criminal procedure. Under the Federal Rules of Criminal Procedure Rule 52, "a plain error that affects substantial rights may be considered even though it was not brought to the court's attention." The purpose of the plain error rule is not only to protect the defendant from serious injustices, but to also protect the reputation of the courts and ensure that their decisions follow a fair procedure.

明显错误是从记录中明显看出的错误，并且影响到诉讼当事人的实质性权利。虽然上诉法院通常只审查诉讼当事人提请其注意的错误，但它有自由裁量权纠正没有解决或放弃的明显错误，如果不这样做会影响法院的诚信和声誉。然而，这种权力是许可性的，而不是强制性的。刑事诉讼中经常出现明显的错误。根据《联邦刑事诉讼规则》第52条，“即使没有引起法院的注意，影响实质性权利的明显错误也可以考虑。”明显错误规则的目的不仅是为了保护被告免受严重的不公正，而且也是为了保护法院的声誉，确保法院的判决遵循公正的程序。

例句2

In Rosales-Mireles v. United States, the U.S. Supreme Court reversed a decision by the Fifth Circuit, holding that a clear sentencing error made by the trial court should be corrected in most situations, even when the defendant did not object to the mistake. In so holding, the Court rejected the Fifth Circuit's interpretation of the plain error rule.

在Rosales-Mireles诉美国一案中，美国最高法院推翻了第五巡回法院的一项裁决，认为审判法院犯下的明显量刑错误在大多数情况下都应得到纠正，即使被告没有对错误提出异议。在这种情况下，法院驳回了第五巡回法院对明显错误规则的解释。

例句3

The plain error rule's four-part standard requires a court to find the following: The error was not intentionally relinquished or abandoned. The error was clear and obvious, i.e., “plain error.” There is a reasonable probability that, but for the error, the outcome of the proceeding would have been different. The error seriously affected the fairness, integrity, or public reputation of judicial proceedings.

明显错误规则的四部分标准要求法院发现以下几点：错误不是有意放弃或摒弃的。这个错误是明显的，也就是“明显的错误”。如果没有这个错误，诉讼的结果很可能会不同。这一错误严重影响了司法程序的公正性、完整性或公众声誉。

例句4

As a final note, the two dissenting justices did not seem to have a problem with the Fifth Circuit changing the plain error rule's legal standard. However, the lack of credibility of the dissenting opinion was demonstrated by the fact that the dissenters had to resort to graphic descriptions of Rosales-Mireles’ other violent crimes, rather than the crime at issue in the case.

最后一点，两位持反对意见的法官似乎对第五巡回法院改变明显错误规则的法律标准没有异议。然而，持不同意见者不得不求助于对Rosales-Mireles的其他暴力罪行的生动描述，而不是本案中有争议的罪行，这一事实证明了不同意见缺乏可信度。

来源：译问