Difference between revisions of "Right to a Fair Trial"

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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.
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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.
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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 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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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.  
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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.

Revision as of 17:01, 17 July 2010