What is referred to as a trial conducted without the accused being present?

Study for the Criminologist Licensure Board Test. Use flashcards and multiple-choice questions, each with hints and explanations. Get ready to excel on your exam!

A trial conducted without the accused being present is termed a trial in absentia. This legal procedure allows the court to continue with the trial despite the defendant's absence. It typically occurs when the defendant has been properly notified of the proceedings but chooses not to appear, or in some cases, where the defendant cannot be located or is unfit to stand trial.

The significant aspect of a trial in absentia is that it permits the judicial process to move forward, ensuring that a case can be resolved even when the accused is not physically present. This can help avoid delays in the legal system and can be justified under specific legal frameworks, ensuring that the rights of the accused are still respected to the extent possible, such as by providing options for appeals or retrials under certain circumstances.

In contrast, other terms such as provisional dismissal, prescription of crime, and plea of not guilty refer to different legal concepts that do not involve the situation where a trial is held without the accused's presence. Provisional dismissal pertains to a temporary halt in proceedings, the prescription of crime deals with the statute of limitations regarding when charges can be brought, and a plea of not guilty relates to the defendant's response to charges rather than the trial process itself.

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