Difference between revisions of "Right to a Fair Trial"

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==Background==
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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.
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Although criminal justice systems vary greatly around the globe, there are common features of every fair justice system.
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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.
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The right to be treated with humanity and the right to freedom from torture is also crucial for the fair administration of justice.
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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.
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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''.
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== International Sources ==
 
== International Sources ==
  

Revision as of 14:14, 1 June 2010