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Trial in Absentia

A trial in absentia has three requirements: 1) the accused has been arraigned, 2) they have been notified of the trial date, and 3) their failure to appear is unjustified. Even if an accused sentenced to death escapes, the Supreme Court must still review the conviction decision because the accused is entitled to automatic review of a death sentence.

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2K views1 page

Trial in Absentia

A trial in absentia has three requirements: 1) the accused has been arraigned, 2) they have been notified of the trial date, and 3) their failure to appear is unjustified. Even if an accused sentenced to death escapes, the Supreme Court must still review the conviction decision because the accused is entitled to automatic review of a death sentence.

Uploaded by

lmaf
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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TRIAL IN ABSENTIA

a) What are the requisites of a trial in absentia?

Answer:
The requisites of a trial in absentia are:
a) the accused has already been arraigned
b) he has been duly notified of the trial
c) his failure to appear is unjustifiable

b) If an accused who was sentenced to death escapes, is there still a legal necessity for the SC to review the
decision of the conviction?(1998, #10)

Answer:
Yes, there is still a legal necessity for the SC to review the decision of conviction sentencing the
accused to death, because he is entitled to an automatic review of the death sentence.

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