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Supreme Court — Part 17
Page 65
65 / 130
a.
606—CONCUR
ILLINOIS v. ALLEN 3
the accused’s objection that he could not be convicted
in his absenee, the Court of Appeals for the District of
Columbia said:
“Tt does not seem to us to be consonant with the
dictates of common sense that an accused person...
should be at liberty, whenever he pleases, . . . to
break up a trial already commenced. The practical
result of such a proposition, if allowed to be law,
would be to prevent any trial whatever until the
accused person himself should be pleased to permit
it.... This would be a travesty of justice which
could not be tolerated .... [We do not think
that any rule of law or constitutional principle leads
us to any conclusion that would be so disastrous
as well to the administration of justice as to the
true interests of civil liberty. .. .
“The question is one of broad public poliey,
whether an accused person, placed upon trial for
crime and protected by all the safeguards with
which the humanity of our present criminal law
sedulously surrounds him, can with impunity defy
the processes of that law, paralyze the proceedings
of courts and juries and turn them into a soleinn
farce, and ultimately compel society, for its own
safety, to restrict the operation of the principle of
personal liberty. Neither in criminal nor in civil
cases will the law allow a person to take advantage
of his own wrong.”
To allow the disruptive activities of a defendant like
respondent to prevent his trial is to allow him to
profit from his own wrong. The Constitution would
protect none of us if it prevented the courts from acting
to preserve the very processes which the Constitution
itself prescribes,
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