Lack of visible participation is far from lack of participation. In the US due process requires the defendant's presence to commence a criminal trial.
Understood, but unless my perception is wrong there are many cases where individuals are defended without significant participation - whether it be because they're (arguably) incompetent to participate, decline to participate or for other reasons.
Criminal charges do not require the assent of the charged to proceed through the system.
Understood, but unless my perception is wrong there are many cases where individuals are defended without significant participation - whether it be because they're (arguably) incompetent to participate, decline to participate or for other reasons.
Criminal charges do not require the assent of the charged to proceed through the system.