In absentia
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- For in absentia medical care, see Healthcare delivery. For the album, see In Absentia.
In criminal law, a trial in absentia (Latin for "in the absence") is one carried out in the absence of the accused.
In the United States, trials in absentia are rare owing to the Sixth Amendment, which gives the defendant the right "to be confronted with the witnesses against him". However, in some jurisdictions such trials can occur when the defendant flees or otherwise voluntarily fails to appear in court after being arrested. Some states grant an automatic retrial when someone is arrested after being convicted in absentia.
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Examples
Examples of people convicted in absentia include:
- Abu Musab al-Zarqawi, sentenced to death in absentia in Jordan
- Ahmed Chalabi, convicted in Jordan for bank fraud
- Ira Einhorn, who challenged his conviction in absentia in Pennsylvania
- Filiberto Ojeda Ríos, convicted in the US after fleeing
- Andrew Luster, convicted of date rape after fleeing mid-trial
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