Description

Ordinarily a criminal trial cannot be held in absentia. See Drope v. Missouri, 420 U.S. 162, 182 (1975). The defendant “has a right to be present at all important stages of trial” (McKaskle v. Wiggins, 465 U.S. 168, 178 (1984) (dictum)). In most jurisdictions the right derives from several sources. It is often conferred by statute or rule of court (see, e.g., Crosby v. United States, 506 U.S. 255 (1993)); it is held to be protected by the common state constitutional guarantees of due process and of confrontation; and it is protected by the Due Process Clause of the Fourteenth Amendment and by the Confrontation Clause of the Sixth Amendment to the federal Constitution.

First Page

1467

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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