If evidence is improperly admitted or excluded, what remedy is typically available?

• A. A retrial is mandatory.
• B. An appeal or setting aside of conviction if the outcome was affected.
• C. No remedy exists.
• D. Immediate dismissal of the case without consideration.

Answer: (B)

When a trial court makes an evidentiary ruling that is improper, the usual remedy is appellate relief. If the appellate court determines that admitting or excluding the evidence could have affected the verdict, it can reverse or set aside the conviction and, if appropriate, remand for a new trial. If the error is harmless beyond a reasonable doubt, the conviction stands. This is why seeking an appeal or having the conviction set aside when the outcome was affected is the best, most typical remedy. Retrial isn’t automatic, and immediate dismissal or no remedy aren’t correct responses to an evidentiary error.