Ill. Const. 1970, art. However, the Illinois Supreme Court and the U. S. Supreme Court have limited the situations where the denial of the right to be present is a constitutional violation. Under Illinois Constitutional law, defendant's right to be present is not absolute. Defendant is guaranteed the right to be present at any stage of a criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure. 185 Ill. App.
Jury selection is a critical stage of trial.
137 Ill. 2d 65 at 84. The federal right of criminal defendants to be present at trial is not an absolute constitutional right, but arises from the due process clause of the 14th amendment. A defendant's due process right of presence under the U. S. Constitution is violated only when his absence results in his being denied a fair and just trial. Since the instant defendant was not present during a portion of voir dire, the fairness of his trial centers upon the impartiality of his jury. Like the Illinois Constitution, the U. S. Constitution guarantees defendant an impartial jury, as opposed to a jury of choice.