I'm not talking about leaving in the middle of a trial. I'm talking about any case of escaping the jurisdiction of a court in which one has allegedly committed a crime.FEOS wrote:
Again, if one leaves in the middle of a trial, that is a different kettle of beans. That is the singular case where in absentia trials are permissible.mikkel wrote:
Justice is served to the best of the court's ability in absentia. To sabotage one's own trial by removing oneself from the jurisdiction of the court in which one is tried cannot, and should not stand in the way of the right of the prosecution, and of the people, to settle the case. Justice is far from ideally served in the absence of the defendant, but justice will never be served if the defendants are allowed to dictate whether or not justice in any form and to any degree will ever happen.FEOS wrote:
Trials in absentia are a travesty of justice in and of themselves. To hold a trial in absentia and claim "justice was served" is a conflict of terms.
Charge someone, then attempt to bring them to trial in person. Most crimes that you would put out that much effort for don't have statutes of limitation, anyway.
Two posts ago I highlighted the issue of the general deterioration of most forms of evidence over time, as well as changes in the legal climate (precedent, changing government policies, all manner of legal complexity). We did cover your opinion on statute of limitation back then.FEOS wrote:
That is where statute of limitations and severity of crimes come into play. If it is a fairly petty crime, then it's really not that big an issue, is it? If it is severe enough crime that the people's conscience is sufficiently marked, there will be no statute of limitations and thus no concern over the criminal having fled jurisdiction. Charge them, pursue them, and bring them to trial when they are captured (a la Polanski).mikkel wrote:
You address the issue of statute of limitation, but there are many other issues to consider, one of which being the complete absence of justice of any kind, should the accused choose to never return. Defendants are guaranteed by the sixth amendment. Why should similar guarantees not extend to the people, if it can be reasonably established that the accused has deliberately fled the court's jurisdiction?
The sixth amendment guarantees the right to a speedy trial. I asked why the people, as represented by the prosecution, shouldn't enjoy similar rights.