Does a defendant's absence from a criminal proceeding violate his right to be present?
MultiRegion, United States of America
The following excerpt is from Crane v. Snider, 50 F.3d 13 (9th Cir. 1994):
The constitutional right to due process includes a defendant's right to be present at any criminal proceeding in which his presence would contribute to the proceeding's fairness or reliability. Kentucky v. Stincer, 482 U.S. 730, 745, 747 (1987). Whether a particular absence violates the right to be present, however, is considered in light of the entire record. United States v. Gagnon, 470 U.S. 522, 526-27 (1985).
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