Re:Pirate Bay Founder Arrested in Cambodia
by eli on Saturday September 01, 2012 @02:30PM
(#4464627)
Because if you don't show up they could send you to jail anyway without you having had a chance to make full defense?
Re:Pirate Bay Founder Arrested in Cambodia
by rhizome on Saturday September 01, 2012 @03:22PM
(#4464785)
I was taught that trials in absentia are not really a great thing.
Re:Pirate Bay Founder Arrested in Cambodia
by tedunangst on Saturday September 01, 2012 @04:29PM
(#4465017)
The problem is evidence and particularly eyewitness testimony (unreliable to begin with) decay with age. Banning absentia trials creates an incentive for people to hang out for a few years, then come back and say "all this evidence is too old, you should reasonably doubt its integrity".
Re:Pirate Bay Founder Arrested in Cambodia
by rhizome on Saturday September 01, 2012 @04:55PM
(#4465102)
Was the Pirate Bay trial(s) subject to any of those weaknesses?
Re:Pirate Bay Founder Arrested in Cambodia
by tedunangst on Saturday September 01, 2012 @05:20PM
(#4465175)
Dunno. I thought the thread had wandered away from a specific case and was making a general comment. But yes, I believe that's something considered before proceeding in absentia.
Why should he go back to a country he has left just to have a trial?