Tuesday, May 13, 2014

trial in absentia

A trial in absentia means conducting a trial while the accused is absent--not in the courtroom. In the United States, this is unconstitutional, and any verdict rendered by a trial in absentia would be overturned by a higher court, or a court of appeals. Every defendant in the United States has the right "to be confronted with the witnesses against him", which cannot happen if he or she is not present. A defendant also has the right to "be informed of the nature and cause of the accusation", for which he or she would need to be present. If you think someone is being tried in absentia, contact your local civil liberties organization or bar association--these rights are yours, too.

Wednesday, January 29, 2014

crimes against the state

     "Crimes against the state" is a sinister-sounding phrase to most American ears. It sounds like something we've seen in a B movie about the Cold War--one with political prisoners in it. But, in America, all crimes are crimes against the state. Commit burglary in Pennsylvania, and you will be tried by the Commonwealth of Pennsylvania. The same with any other crime, in any other state. Of course, our states, like our nation, are made of "we the people". In some states, a criminal charge is read "the people of the state of" . Which is as it should be. Commit a crime against one person, you've committed a crime against all of us. It's called society, one of the natural functions of being human. So, the next time an American convict or ex-convict tells you that he or she was really a political prisoner ( a common bit of jailhouse philosophy ), tell him or her that you know-- that you approved it with your vote, and supported it with your tax dollars. And the next time you read something about "crimes against the state" in a foreign country, make sure you're not just reading about everyday, ordinary crime.