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Author Question: Explain both elements of the defendant's right to be present. Cite pertinent cases. What will be ... (Read 36 times)

SO00

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on: Aug 17, 2018
Explain both elements of the defendant's right to be present. Cite pertinent cases.
 
  What will be an ideal response?

Question 2

Explain the order and scope of questions in a criminal trial.
 
  What will be an ideal response?


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lin77x

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Reply #1 on: Aug 17, 2018
Answer to Question 1

In the cases decided after Allen, the Court placed significant restrictions on when the defendant is permitted to be physically present. There are three key restrictions:

 Physical presence is not required in noncritical proceedings
 The right to physical presence may be waived
 Physical presence may be impermissible due to the defendant's inappropriate conduct

In Taylor v. Illinois, 484 U.S. 400 (1988), the Court held that the defense attorney cannot waive the defendant's right to be physically present without his or her consent.

Answer to Question 2

The four stages of witness examination are (1) direct, (2) cross, (3) redirect, and
(4) re-cross. Every witness called to the stand in a criminal case is questioned four separate times.


SO00

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Reply #2 on: Aug 17, 2018
TY


lin77x

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Reply #3 on: Aug 17, 2018
You're welcome


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