Does a temporary exclusion of appellant's family members during trial affect the integrity of the trial?

California, United States of America


The following excerpt is from People v. Scott, 10 Cal.App.5th 524, 216 Cal.Rptr.3d 223 (Cal. App. 2017):

Here, although the temporary exclusion of appellant's family members violated his right to a public trial, and he is entitled to a remedy for that violation, the values protected by the public trial guarantee were only moderately at risk. The general public was never excluded from any part of the trial, and such openness generally ensured that the trial participants would perform their duties properlythe court did not " deliberately enforce[ ] secrecy in order to be free of the safeguards of the public's scrutiny. " (Brown v. Kuhlmann , supra , 142 F.3d at p. 541.) To be sure, it is conceivable that the absence of appellant's family members may have affected the testimony of the witnesses who testified during that time and, consequently, impacted

[216 Cal.Rptr.3d 231]

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