Right to a Fair Trial - Revision history

Jbraun: /* Kenya */

2010-11-17T13:18:01Z

Kenya

Jbraun: /* Kenya */

2010-11-17T13:06:49Z

Kenya

← Older revision		Revision as of 15:06, 17 November 2010
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	===Kenya===		===Kenya===

	Constitution		Constitution

			The right to a fair trial is guaranteed under Article 50 of the Constitution. The right incorporates many procedural guarantees given to the accused in criminal proceedings. The guarantees enumerated in Article 50 of the Constitution are the right:
			a. to be presumed innocent until the contrary is proved;
			b. to be informed of the charge, with sufficient detail to answer it;
			c. to have adequate time and facilities to prepare a defense;
			d. to a public trial before a court established under this Constitution;
			e. to have the trial begin and conclude without unreasonable delay;
			f. to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;
			g. to choose, and be represented by, an advocate, and to be informed of this right promptly;
			h. to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise
			i. result, and to be informed of this right promptly
			j. to remain silent, and not to testify during the proceedings;
			k. to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;
			l. to adduce and challenge evidence;
			m. to refuse to give self-incriminating evidence;
			n. to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;
			o. not to be convicted for an act or omission that at the time it was committed or omitted was not—
			a. (an offence in Kenya; or
			b. a crime under international law;
			p. not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;
			q. to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and
			r. if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

	* 77(1) If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence-(a) shall be presumed to be innocent until he is proved or has pleaded guilty.		* 77(1) If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence-(a) shall be presumed to be innocent until he is proved or has pleaded guilty.

	Kenya Criminal Procedure Code (2009)		Kenya Criminal Procedure Code (2009)
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	* (6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:		* (6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:
	** (a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;		** (a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;
	** (b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that		** (b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence�etc

	Criminal Procedure Act, 1985		Criminal Procedure Act, 1985
Line 155:		Line 177:
	* (1) In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.		* (1) In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

	* (3) Every person who is charged with a criminal offence (a) be presumed to be innocent until proved guilty or until that person has pleaded		* (3) Every person who is charged with a criminal offence shall� (a) be presumed to be innocent until proved guilty or until that person has pleaded guilty�etc

	===Zimbabwe===		===Zimbabwe===

Ibjadmin: /* Background */

2010-07-17T16:03:27Z

Background

← Older revision		Revision as of 18:03, 17 July 2010
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	A defendant has a right to [[Right to Notice of Charges \| notice of charges]] so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.		A defendant has a right to [[Right to Notice of Charges \| notice of charges]] so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.

	A defendant has a [[Right To Counsel \| right to legal counsel]] under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.		A defendant has a [[Right to Counsel\| right to legal counsel]] under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.

	A defendant has the [[right not to be forced to testify against oneself]]. In some jurisdictions this may be called the the [[Right to Non Self-Incrimination \| right to remain silent]]. A defendant has the right to have access to records of any interrogation that might occur.		A defendant has the right not to be forced to testify against oneself. In some jurisdictions this may be called the the [[Right to Non Self-Incrimination \| right to remain silent]]. A defendant has the right to have access to records of any interrogation that might occur.

	A defendant must be permitted a fair and reasonable amount of time to prepare and defend their case. The amount of time necessary to defend a case depends on all the circumstances in a case.		A defendant must be permitted a fair and reasonable amount of time to prepare and defend their case. The amount of time necessary to defend a case depends on all the circumstances in a case.

Ibjadmin: /* Background */

2010-07-17T16:01:53Z

Background

← Older revision		Revision as of 18:01, 17 July 2010
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	The [[Presumption of Innocence \| presumption of innocence]] is the cornerstone of any fair criminal justice system. This right gaurantees that the defendant is considered innocent during the entire period of suspicion, investigation. This period lasts until the defendant is either convicted or aquitted. This right may be violated by adverse public comments by a judge in charge of the trial, the use of anonymous judges and the refusal to consider a change of venue.		The [[Presumption of Innocence \| presumption of innocence]] is the cornerstone of any fair criminal justice system. This right gaurantees that the defendant is considered innocent during the entire period of suspicion, investigation. This period lasts until the defendant is either convicted or aquitted. This right may be violated by adverse public comments by a judge in charge of the trial, the use of anonymous judges and the refusal to consider a change of venue.

	The right to be treated with humanity and the right to freedom from torture is also crucial for the fair administration of justice.		The right to be treated with humanity and the right to [[Freedom from Cruel or Unusual Punishment \| freedom from torture]] is also crucial for the fair administration of justice.

	A defendant has a right to notice of charges so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.		A defendant has a right to [[Right to Notice of Charges \| notice of charges]] so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.

	A defendant has a right to legal counsel under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.		A defendant has a [[Right To Counsel \| right to legal counsel]] under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.

	A defendant has the right not to be forced to testify against oneself. In some jurisdictions this may be called the the right to remain silent. A defendant has the right to have access to records of any interrogation that might occur.		A defendant has the [[right not to be forced to testify against oneself]]. In some jurisdictions this may be called the the [[Right to Non Self-Incrimination \| right to remain silent]]. A defendant has the right to have access to records of any interrogation that might occur.

	A defendant must be permitted a fair and reasonable amount of time to prepare and defend their case. The amount of time necessary to defend a case depends on all the circumstances in a case.		A defendant must be permitted a fair and reasonable amount of time to prepare and defend their case. The amount of time necessary to defend a case depends on all the circumstances in a case.

Ibjadmin: /* Background */

2010-07-17T15:58:18Z

Background

← Older revision		Revision as of 17:58, 17 July 2010
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	Although criminal justice systems vary greatly around the globe, there are common features of every fair justice system.		Although criminal justice systems vary greatly around the globe, there are common features of every fair justice system.

	The presumption of innocence is the cornerstone of any fair criminal justice system. This right gaurantees that the defendant is considered innocent during the entire period of suspicion, investigation. This period lasts until the defendant is either convicted or aquitted. This right may be violated by adverse public comments by a judge in charge of the trial, the use of anonymous judges and the refusal to consider a change of venue.		The [[Presumption of Innocence \| presumption of innocence]] is the cornerstone of any fair criminal justice system. This right gaurantees that the defendant is considered innocent during the entire period of suspicion, investigation. This period lasts until the defendant is either convicted or aquitted. This right may be violated by adverse public comments by a judge in charge of the trial, the use of anonymous judges and the refusal to consider a change of venue.

	The right to be treated with humanity and the right to freedom from torture is also crucial for the fair administration of justice.		The right to be treated with humanity and the right to freedom from torture is also crucial for the fair administration of justice.

Ibjadmin: /* Rights of the accused */

2010-06-16T23:10:25Z

Rights of the accused

@@ Line 161: / Line 161: @@
 * Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court (s (18)(9) Constitution)
-== Rights of the accused ==
+----
+See [[Rights of the Accused]]

Ibjadmin: /* Background */

2010-06-01T13:18:07Z

Background

← Older revision		Revision as of 15:18, 1 June 2010
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	A defendant has a right to notice of charges so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.		A defendant has a right to notice of charges so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.

	A defendant has a right to legal counsel under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.		A defendant has a right to legal counsel under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.




			A defendant has the right not to be forced to testify against oneself. In some jurisdictions this may be called the the right to remain silent. A defendant has the right to have access to records of any interrogation that might occur.

			A defendant must be permitted a fair and reasonable amount of time to prepare and defend their case. The amount of time necessary to defend a case depends on all the circumstances in a case.

	== International Sources ==		== International Sources ==

Ibjadmin at 13:14, 1 June 2010

2010-06-01T13:14:45Z

← Older revision		Revision as of 15:14, 1 June 2010
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			==Background==

			Every defendant has the right to a fair trial under international law. However, in many developing countries criminal justice systems have yet to realize the promise of a fair trial. Many factors contribute to this global failure.

			Although criminal justice systems vary greatly around the globe, there are common features of every fair justice system.

			The presumption of innocence is the cornerstone of any fair criminal justice system. This right gaurantees that the defendant is considered innocent during the entire period of suspicion, investigation. This period lasts until the defendant is either convicted or aquitted. This right may be violated by adverse public comments by a judge in charge of the trial, the use of anonymous judges and the refusal to consider a change of venue.

			The right to be treated with humanity and the right to freedom from torture is also crucial for the fair administration of justice.

			A defendant has a right to notice of charges so he or she can adequately prepare a defense. Notice must be in writing and should include both the law and the facts which form the basis for the charge. Furthermore, notice must be given in a language the defendant understands.

			A defendant has a right to legal counsel under many international treaties. Defendant must be able to communicate freely and privately with counsel of his or her choice. A defendant may also waive his or her right to counsel and elect to represent themsleves ''pro se''.






	== International Sources ==		== International Sources ==

Ddemetriou at 07:52, 31 May 2010

2010-05-31T07:52:12Z

← Older revision		Revision as of 09:52, 31 May 2010
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	* Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court (s (18)(9) Constitution)		* Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court (s (18)(9) Constitution)

			== Rights of the accused ==

			'''Table of Contents'''

			===Rights with Police ===
			* [[Arrest]]
			* [[Right to Silence]]
			* [[Search and Seizure]]
			* [[Right to Counsel]]
			* [[Confessions]]
			* [[Pretrial Identification]]

			===Rights at Detention===
			* [[Right to Counsel]]
			* [[Right to Habeas Corpus]]
			* [[Right to be free of punishment]]
			* Right to medical care

			===Rights at Trial===
			* [[Right to a Fair Trial]]
			* [[Right to Notice of Charges]]
			* Right to Trial by Jury
			* [[Right to Compulsory Process]]
			* [[Right to Confront Witnesses]]
			* [[Right to a Speedy Trial]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Presumption of Innocence]]
			* [[Double Jeopardy]]

			===Sentencing===

			* Right to sentence free of torture
			* [[Right to sentence without cruel or unusual punishment]]
			* [[Death Sentence]]
			* Right to fines that are not excessive
			* [[Ex Post Facto Punishment]]
			* [[Right to Appeal]]

			===Rights in Prison===

Eeichler: /* Tanzania */

2010-05-21T12:16:33Z

Tanzania

← Older revision		Revision as of 14:16, 21 May 2010
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	* (6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:		* (6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:
	** (a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;		** (a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;

	** (b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence�etc		** (b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence�etc

← Older revision		Revision as of 15:18, 17 November 2010
Line 123:		Line 123:

	The right to a fair trial is guaranteed under Article 50 of the Constitution. The right incorporates many procedural guarantees given to the accused in criminal proceedings. The guarantees enumerated in Article 50 of the Constitution are the right:		The right to a fair trial is guaranteed under Article 50 of the Constitution. The right incorporates many procedural guarantees given to the accused in criminal proceedings. The guarantees enumerated in Article 50 of the Constitution are the right:
	a. to be presumed innocent until the contrary is proved;		a) to be presumed innocent until the contrary is proved;
	b. to be informed of the charge, with sufficient detail to answer it;		b) to be informed of the charge, with sufficient detail to answer it;
	c. to have adequate time and facilities to prepare a defense;		c) to have adequate time and facilities to prepare a defense;
	d. to a public trial before a court established under this Constitution;		d) to a public trial before a court established under this Constitution;
	e. to have the trial begin and conclude without unreasonable delay;		e) to have the trial begin and conclude without unreasonable delay;
	f. to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;		f) to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;
	g. to choose, and be represented by, an advocate, and to be informed of this right promptly;		g) to choose, and be represented by, an advocate, and to be informed of this right promptly;
	h. to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise		h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise
	i. result, and to be informed of this right promptly		i) result, and to be informed of this right promptly
	j. to remain silent, and not to testify during the proceedings;		j) to remain silent, and not to testify during the proceedings;
	k. to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;		K) to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;
	l. to adduce and challenge evidence;		l) to adduce and challenge evidence;
	m. to refuse to give self-incriminating evidence;		m) to refuse to give self-incriminating evidence;
	n. to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;		n) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;
	o. not to be convicted for an act or omission that at the time it was committed or omitted was ~~not—~~		o) not to be convicted for an act or omission that at the time it was committed or omitted was not—an offence in Kenya; or a crime under international law;
	~~a. (an~~ offence in Kenya; or		p) not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;
	b. a crime under international law;		q) to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and
	p. not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;		r) if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.
	q. to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and
	r. if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

	* 77(1) If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence-(a) shall be presumed to be innocent until he is proved or has pleaded guilty.		* 77(1) If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. (2) Every person who is charged with a criminal offence-(a) shall be presumed to be innocent until he is proved or has pleaded guilty.