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.