Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 17
Page 58
58 / 130
7
ako
606—OPINION
6 ILLINOIS v. ALLIEN
sumption against the loss of constitutional rights, John-
son v. Zerbst, 304 U. 8, 458, 404 (1938), we explicitly
hold today that a defendant ean lose his right to be
present at trial if, after he has been warned by the judge
that ha Woha aloGf hea +
that he will be removed HU ne continues his disruptive
behavior, he nevertheless insists on conducting himself
in a manner so disorderly, disruptive, and disrespectful
of the court that his trial cannot be earried on with him
in the courtroom.” Once lost, the right to be present
ean, of course, be reclaimed as soon as the defendant is
willing to conduct himself consistently with the decorum
and respect inherent in the concept of courts and judicial
proceedings,
It is essential to the proper administration of crim-
inal justice that dignity, order, and decorum be the hall-
marks of all court proceedings in our country. The
flagrant disregard in the courtroom of elementary stand-
ards of proper ‘conduct should not and cannot be toler-
ated. We believe trial judges confronted with disruptive,
contumacious, stubbornly defiant defendants must be
given sufficient discretion to meet the cireumstances of
each case. No one formula for maintaining the appro-
priate courtroom atmosphere will be best in all situa-
tions. We think there are at Jeast three constitutionally
perinissible ways for a trial judge to handle an obstrep-
erous defendant like Allen: (1) bind and gag him, thereby
keeping him present: (2) cite him for contempt; (3)
take him out of the courtroom until he promises to
conduct himself properly.
Trying a defendant for a crime while he sits bound
and gagged before the judge and jury would to an extent
*See Murray, The Power ta Expel a Criminal Defendant From
Mis Own Trial: A Comparative View, 36 U. Cotu. L, lev, 171,
171-175 (1964); Goldin, Presenee of phe Defendant at Nendition
of the Verdict in Felony Cases, 16 Col. L. Rev. 18, 18-31 (1916). 7
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic