Illinois v. Allen
| Illinois v. Allen | |
|---|---|
| Argued February 24, 1970 Decided March 31, 1970 | |
| Full case name | Illinois, petitioner v. William Allen, respondent |
| Docket no. | 606 |
| Citations | 397 U.S. 337 (more) |
| Questions presented | |
| May a defendant, by his own unruly conduct, forfeit his right to be present at trial? | |
| Holding | |
| 1. A stubbornly defiant criminal defendant may forfeit, by his conduct, the right to be present at his trial. 2. In response to a stubbornly defiant defendant, a judge may (1) bind and gag him, (2) cite him for criminal or civil contempt, or (3) remove him from the courtroom. | |
| Court membership | |
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| Case opinions | |
| Majority | Black, joined by Burger, Harlan, Brennan, Stewart, White, Marshall |
| Concurrence | Brennan |
| Concur/dissent | Douglas |
| Laws applied | |
| U.S. Const. amends. VI, XIV | |
Illinois v. Allen, 397 U.S. 337 (1970), was a decision by the Supreme Court of the United States regarding the removal of an unruly criminal defendant during his trial. In its decision, the court ruled that a trial judge may remove a stubbornly defiant defendant from the courtroom, following a warning from the judge that he will be removed if his disruptive behavior continues. Additionally, the court outlined other remedies available to judges faced with such conduct.