Illinois v. Allen

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Illinois v. Allen
Supreme Court of the United States
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
Chief Justice Warren E. Burger Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall
Case opinions
Majority	Black, Burger, Harlan, 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.^[1]