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I’m on trial for murder. I don’t like my chances, so I’ll just stay home instead. They can’t make me show up, so I’m home free!
by mikeash 7y ago
I’m on trial for murder. I don’t like my chances, so I’ll just stay home instead. They can’t make me show up, so I’m home free!
- magduf 7y agoWhat does this have to do with anything? If you're on trial for murder, the prosecution would never call on you to testify. Why would they? Of course you're going to claim that you didn't do it. Your testimony would be useless. Murderers are tried with physical evidence linking them to the crime, and witness testimony from other people. Murderers don't even need to be present to be convicted; this happens sometimes if they're considered a danger in the courtroom, or have fled.
- mikeash 7y agoThe comment I replied to disputed the general notion that courts need to be able to compel behavior. From a quick search, it appears that a trial in the US cannot begin without the defendant present, although it may proceed if they leave afterwards depending on circumstances.
- magduf 7y agoI don't think that's true: they have something called "trial in absentia". It doesn't happen often though.
- mikeash 7y agoI’m aware. The fact that there’s a name for it doesn’t mean it’s allowed in the US. https://en.wikipedia.org/wiki/Trial_in_absentia https://en.wikipedia.org/wiki/Trial_in_absentia
- noobiemcfoob 7y agoCan a court coerce a murder witness to testimony with imprisonment?
- magduf 7y agoIn the US, no. The 5th Amendment protects defendants from being coerced into self-incrimination. I was just pointing out how his comment really made no sense here at all, since this article isn't about a criminal being coerced into testifying against themselves (which again is illegal per the 5A), but rather a witness being coerced into testifying when they don't want to for some reason.