Miscarriage of Justice Law and Legal Definition
The term 'miscarriage of justice' refers to a legal act or verdict that is clearly mistaken, unfair, or improper. Primarily, a miscarriage of justice is the conviction and punishment of a person for a crime they did not commit.
A miscarriage of justice is declared only when the court after an examination of the entire cause including the evidence, is of the opinion that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error. [People v. Watson, 46 Cal. 2d 818, 836 (Cal. 1956)]
A court will set aside a judgment, or grant a new trial in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, only if the the court is of the opinion that the error complained of has resulted in a miscarriage of justice. However, the court will examine the entire cause, including the evidence, before setting aside the judgment or granting a new trial. [Cal Const, Art. VI § 13].
