Document Type
Article
Publication Date
1-10-2025
Abstract
Courts are divided on the question of how Sixth Amendment public trial violations should be evaluated on appeal when a criminal defendant fails to object at trial to a courtroom closure. Typically, failing to object triggers plain error review on appeal, which demands a higher threshold of harm to obtain reversal compared to when an objection has been made at trial. Should this type of review also apply in its usual form to public trial errors? The article concludes that it should, despite the fact that public trial violations are considered “structural,” and, when properly preserved, do not require a showing of harm arising from the violation.
Automated Citation
Stephen Smith,
Public Trials and Plain Error
, 23 UNH Law Review 65
(2025),
Available at: https://digitalcommons.law.scu.edu/facpubs/1025
Archival Accessibility Statement
This item was created or digitized prior to May 1, 2026, or is a reproduction of legacy media created before that date. It is preserved in its original, unmodified state specifically for research, reference, or historical recordkeeping. In accordance with the ADA Title II Final Rule, the Law Library provides accessible versions of archival materials upon request. To request an accommodation for this item, please submit an accessibility request form.