VII. Assertion of the Right

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

VII. Assertion of the Right

Where the defendant seeks to assert the right, a contemporaneous objection should be offered.⁷⁹ The defendant must only show that the closure affects the public in general, not a particular person. Moreover, the accused need not show any particular prejudice arising from the closure. Prejudice is presumed upon a showing of an improper closure.⁸⁰

--------

Notes:

^[79] . Some courts have held, even after Presley, that "[a] defendant may, by his own acts or acquiescence, waive his right...