Difference between revisions of "Right to a Fair Trial"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 11: Line 11:
 
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.

Revision as of 18:03, 17 July 2010