Does the government have to prove that a violation of Rule 43 is harmless beyond a reasonable doubt?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gagnon, 721 F.2d 672 (9th Cir. 1983):

Whether the government must prove that a violation of Rule 43 is harmless beyond a reasonable doubt or to some lesser degree of certainty has not been specifically addressed in this circuit. Cf. United States v. Reynolds, 489 F.2d 4 (6th Cir.1973), cert. denied, 416 U.S. 988, 94 S.Ct. 2395, 40 L.Ed.2d 766 (1974) (error reversible if any reasonable possibility of prejudice); United States v. Freed, 460 F.2d 75 (10th Cir.1972) (standard is clear prejudice). Few of our cases have had reason to explore that area of the Rule 43 presence right that is outside constitutional protection. Given our prior finding that the defendants' due process rights were violated by proceeding in their absence without determining whether the absence was voluntary, we need only assess the prejudice in this case under a "harmless beyond a reasonable doubt" standard.

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
Can the government argue that a violation of the fourth amendment is harmless beyond a reasonable doubt? (MultiRegion, United States of America)
What is the burden of proving beyond a reasonable doubt the use of prohibited communications between defendants and the government? (MultiRegion, United States of America)
Does Section 922(g)(1) of the Criminal Code require the government to prove beyond a reasonable doubt that Barker has been convicted of a prior felony? (MultiRegion, United States of America)
Is there any case law where a jury has found that the government proved the element of federal insurance beyond a reasonable doubt? (MultiRegion, United States of America)
What is the government's burden to prove the absence of the heat of passion beyond a reasonable doubt? (MultiRegion, United States of America)
Does a jury have an obligation to prove that the presence of a dictionary is harmless beyond a reasonable doubt? (MultiRegion, United States of America)
What is the test for reversing a jury's verdict in a criminal case when the jury found that the prosecution failed to prove all elements beyond a reasonable doubt? (MultiRegion, United States of America)
What is the test for determining that a constitutional error was harmless beyond a reasonable doubt? (MultiRegion, United States of America)
What is the burden of proving each element of an alleged sentence enhancement beyond reasonable doubt? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.