Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Trial in the Absence of the Accused

Trial in the Absence of the Accused Agend a V.B.I Richard A. Seid* The current version of Rule 43 of the Federal Rules of Criminal Proce­ dure became effective in 1975 an d is th e exclusive codified procedure dealing with the presence of an accused at a criminal trial in the federal courts. Section 43(a) is couched in mandatory terms and purports to place a duty upon the defendant to be present at arraignment, plea, every stage of the trial including impaneling of the jury, return of the verdict, and imposition of sentence. Section 43(c) lists exceptions to the duty to be present. The most notable of these allow for absence from conferences or arguments on the law, and from misdemeanor prosecutions when permitted by the court with the written consent of the accused. While the duty to be present is specifically defined in Rule 43(a), ther e is no corresponding definition of a right to be present in the rule. However, since Rule 43(b) provides that both voluntary absence "after the trial has commenced" and "disruptive conduct" after warning constitute a waiver of a "right" to be present, it would appear that the dimension of the duty to be * Dean, University of Detroit, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Trial in the Absence of the Accused

Seid, Richard A.
American Journal of Comparative Law , Volume 26 (suppl_1) – Dec 1, 1978
Download PDF
21 pages

Loading next page...
 
/lp/oxford-university-press/trial-in-the-absence-of-the-accused-OOi0aSLAYk

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 1978 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/26.suppl1.481
Publisher site
See Article on Publisher Site

Abstract

Agend a V.B.I Richard A. Seid* The current version of Rule 43 of the Federal Rules of Criminal Proce­ dure became effective in 1975 an d is th e exclusive codified procedure dealing with the presence of an accused at a criminal trial in the federal courts. Section 43(a) is couched in mandatory terms and purports to place a duty upon the defendant to be present at arraignment, plea, every stage of the trial including impaneling of the jury, return of the verdict, and imposition of sentence. Section 43(c) lists exceptions to the duty to be present. The most notable of these allow for absence from conferences or arguments on the law, and from misdemeanor prosecutions when permitted by the court with the written consent of the accused. While the duty to be present is specifically defined in Rule 43(a), ther e is no corresponding definition of a right to be present in the rule. However, since Rule 43(b) provides that both voluntary absence "after the trial has commenced" and "disruptive conduct" after warning constitute a waiver of a "right" to be present, it would appear that the dimension of the duty to be * Dean, University of Detroit,

Journal

American Journal of Comparative Law – Oxford University Press

Published: Dec 1, 1978

There are no references for this article.