6.03 Defendant's Presence is a court rule that states a defendant must be present during all court proceedings, unless otherwise ordered by the court. There are two types of 6.03 Defendant's Presence: voluntary and involuntary. Voluntary 6.03 Defendant's Presence is when the defendant chooses to be present in court to face the charge or charges against them. Involuntary 6.03 Defendant's Presence is when the defendant is ordered to be present in court by a court order. In both cases, the defendant is required to comply with the court order and be present at all court proceedings.
6.03 DEFENDANT'S PRESENCE
State:
Multi-State
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US-JURY-7THCIR-6-3-CR
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Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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United States v. McAllister, 64 M.J. 248 (just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense; this right is a fundamental element of due process of law).
A defendant need not be present under any of the following circumstances: (1) Organizational Defendant. The defendant is an organization represented by counsel who is present. (2) Misdemeanor Offense.
The Due Process Clause of the Fourteenth Amendment guarantees every litigant the right ?to present his case and have its merits fairly judged.? Logan v. Zimmerman Brush Co. (1982). As the brief explains, this right must include the right to present evidence necessary to establish a constitutional claim.
The right to have an attorney when you are accused of a crime is found in the Constitution's 6th Amendment. Specifically, it holds that ?in all criminal prosecutions, the accused shall?have the Assistance of Counsel for his defense.? This right does not apply in civil cases.
Once an indictment or information has been filed with the trial court, the accused is scheduled for arraignment. At the arraignment, the accused is informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges.
?The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies.
Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun.
The Sixth Amendment to the U.S. Constitution not only guarantees criminal defendants the right to an attorney, but the right to "adequate representation." This is true whether the defendant is indigent and has a court-appointed lawyer, or if the defendant hired their own lawyer.