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Pros And Cons Of State V. Lee

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1. According to the case law of Illinois v Allen, the US supreme court held that “trial judges confronted with disruptive, contumacious, and stubbornly defiant defendant must be given sufficient discretion to meet the circumstances of each case. The court further observed that at least three constitutionally acceptable avenues exist for dealing with a defiant defendant, in the case of Ms. Roberts she was a very defiant defendant. The avenues are 1. Bing and gag he or she, thereby keeping them present, 2. Cite he or she for contempt and 3. Take he or she out of the courtroom until he promises to conduct themselves properly. In the case of Ms. Roberts, she can legally be gagged in the court room if she is very defiant. Also, according to Hale’s …show more content…

The pros of the alternative disciplinary measures discussed in State v. Lee are the facts of giving the defendant many warnings and opportunities to get themselves together. Another pro to the situation is it maintains calmness within the court room, it puts the juror’s and other individuals within the court room in less danger. The cons to the alternative disciplinary measures are the defendant argues that these measures effectively deprive them of the right to be present during trial, and to confront the witness against them. These measures do not provide much of an opportunity for the defendant to support his case and try to prove that he or she is innocent. Also, these restraints make it harder for the defendant to talk to their attorneys. Unfortunately, if the defendant is being very disruptive, and becoming dangerous then you need to take these disciplinary measures to keep order within the court. The considerations that should be used in determine which approach is best to use is by warning the defendant (if he or she is being disruptive) many times; basically, giving them as many chances/strikes as they can to keep it fair. If the defendant is having outburst, warn them at least three times telling them that they will be removed if they keep it up. If the defendant is defiant, then you remove them from the courtroom. I wouldn’t go to those alternative measures unless it is absolutely necessary in order to keep the trial fair for both

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