Isabella Carter
The right to a fair trial is a cornerstone of democracy, helping to ensure fair and just societies and limiting abuse by governments and state authorities. It is one of the most extensive human rights, recognised in numerous international human rights instruments, including the Universal Declaration of Human Rights, the European Convention on Human Rights, and the American Convention on Human Rights. While there is no binding international law that defines what is not a fair trial, various rights are associated with a fair trial, such as the right to a speedy trial, the right to an impartial judge or jury, and the right to legal representation. These rights are guaranteed by constitutions worldwide, including the United States Constitution and the Human Rights Act 1998 in the United Kingdom.
| Characteristics | Values |
|---|---|
| Right to counsel | The right to choose one's own counsel |
| Right to a speedy trial | Trials should begin with little delay and not be conducted for too long |
| Right to a public trial | Criminal trials may be open to the public and media |
| Right to an impartial tribunal/judge | The right to be heard by a competent, independent and impartial tribunal/judge |
| Right to be presumed innocent until proven guilty | Every person should be presumed innocent until proven guilty |
| Right to equality before the law | Individuals are recognised as subjects, not objects, of the law |
| Right to a fair chance to present a defence | Special measures may be needed to give some people a fair chance to present their defence, e.g. providing an interpreter |
| Right to protection from abuse of state power | The power of the state to arrest, prosecute and punish an individual must be exercised with restraint and with safeguards in place to protect the rights of accused people |
| Right to protection from double jeopardy | Prohibition on ex post facto law, or retroactive law |
| Right to protection from unreasonable search and seizure | Protections against warrantless search and seizure |
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What You'll Learn
The right to choose legal counsel
The right to legal counsel is a fundamental aspect of a fair trial. It is a universally recognised human right that ensures individuals have access to legal representation during criminal proceedings. This right is explicitly proclaimed in the Universal Declaration of Human Rights, the United States Constitution, and the European Convention on Human Rights, among other international human rights instruments.
The right to choose one's legal counsel is a crucial element of this guarantee. Individuals have the right to select their own lawyer, ensuring they have confidence in their legal representation and that their interests are effectively represented. This right was reaffirmed by the African Commission on Human and Peoples' Rights (ACHPR), which held that giving a military tribunal the right to veto counsel violates the right to a fair trial.
The right to counsel is essential for several reasons. Firstly, it helps prevent unlawful arrests, police brutality, and miscarriages of justice. By having a lawyer present during interrogation, individuals can be informed of their rights, protected from abusive interrogation tactics, and ensured that their statements are not self-incriminating. This is especially important given the coercive nature of police custody, where individuals may feel isolated and vulnerable.
Additionally, the right to counsel ensures that individuals have the necessary support to navigate the complex criminal justice system. Lawyers can provide guidance, explain legal procedures, and help individuals make informed decisions throughout the process. This is particularly crucial for children and vulnerable adults who may require additional assistance to effectively participate in criminal proceedings.
In some jurisdictions, such as the United States, the right to counsel is guaranteed under the Constitution. However, there have been instances where individuals were unable to access counsel until their first court hearing. Organisations like Fair Trials are campaigning for earlier access to legal counsel, recognising that decisions made at the start of an investigation can significantly impact its outcome.
In conclusion, the right to choose legal counsel is a fundamental aspect of a fair trial. It empowers individuals by providing them with the legal support and representation needed to navigate the criminal justice system effectively. By upholding this right, societies can ensure that their criminal legal systems are fair, equal, and just.
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The right to a speedy trial
The right to a fair trial is an internationally recognised human right. It is one of the most litigated human rights, with substantial case law established on the interpretation of this right. The right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights, Article 10 of the Universal Declaration of Human Rights, and the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution.
- Any information or indictment must be filed within 30 days of arrest or service of the summons.
- Arraignment of the accused must be held within 10 days of the filing date of the information/indictment or the date the accused is ordered to appear before a judicial officer.
- If a plea of not guilty is entered, the trial must begin within 60 days from the date of arraignment.
However, combining the right to a speedy trial with the right to a fair trial can be challenging. The right to a fair trial may sometimes require allowing more time for certain procedures, such as obtaining witnesses or interpreting services. The right to a speedy trial is therefore protected through a series of component measures rather than one overarching requirement for timely prosecution. For example, the Due Process Clause provides a basic safeguard against extreme government delay in bringing criminal charges.
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Equality before the law
The right to equality before the law is an integral part of the right to a fair trial. This right is guaranteed by various international human rights instruments, such as the Universal Declaration of Human Rights, the European Convention on Human Rights, and the American Convention on Human Rights. The right to equality before the law entitles individuals to be recognised as subjects, not objects, of the law. It is a non-derogable right, meaning no exceptions can be made.
The right to equality before the law is closely related to the prohibition on ex post facto law, or retroactive law. This means that individuals cannot be punished for actions that were not considered criminal at the time they were committed. This right is also separate from the right to a fair trial and cannot be limited by states, according to the European and American Conventions on Human Rights.
The right to a fair trial is a fundamental human right, recognised internationally, and countries are required to respect it. It is one of the most litigated human rights, with substantial case law established on its interpretation. The right to a fair trial aims to ensure the proper administration of justice and includes various fair trial rights in civil and criminal proceedings. These rights include the right to be heard by a competent, independent, and impartial tribunal or judge, the right to legal representation, and the right to a speedy trial.
The right to equality before the law is essential to ensuring that criminal legal systems and societies are fair, equal, and just. It helps to eliminate discrimination and bias embedded in criminal legal systems and ensures that people accused of crimes are treated with dignity and compassion. It also ensures that the power of the state to prosecute and punish individuals is exercised with restraint and that the rights of accused people are protected throughout the criminal process.
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Prohibition of retroactive law
The prohibition of retroactive law, also known as ex post facto law, is a key principle in ensuring fair trials. This principle holds that laws should not be applied retroactively, changing the legal consequences or status of actions that were committed or relationships that existed before the law's enactment. In criminal law, this means that retroactive laws cannot be used to criminalize actions that were legal when committed, aggravate a crime by placing it in a more severe category, or increase the prescribed punishment for a crime.
The prohibition of retroactive law is enshrined in various international human rights instruments, such as the International Covenant on Civil and Political Rights, and the European Convention on Human Rights. According to the Attorney-General's Department, "no one shall be held guilty of any criminal offence on account of any act or omission that did not constitute a criminal offence, under national or international law, at the time when it was committed." This principle ensures that individuals cannot face legal liability for actions that were not considered unlawful at the time they were committed.
However, the prohibition of retroactive law does not extend to all aspects of the law. For example, retrospective changes to trial practice or rules of evidence may not infringe upon this prohibition as long as they do not affect the punishment imposed on an offender. Additionally, in some cases, retroactive laws can benefit individuals by providing relief from outdated, harsh, or disproven policies. For instance, retroactive sentencing reforms can help reduce prison populations and provide opportunities for rehabilitation, as seen with the Youthful Parole Bill in Illinois, USA.
The prohibition of retroactive law is an essential safeguard in criminal justice systems, ensuring fairness and justice for individuals. It prevents the arbitrary application of laws and protects individuals from unforeseen legal consequences for their past actions. This principle upholds the rule of law by requiring uniform enforcement of criminal laws and protecting the rights of accused persons.
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Impartiality of the judge and jury
A fair trial is a trial conducted "fairly, justly, and with procedural regularity by an impartial judge". The right to a fair trial is an internationally recognised human right, and various rights associated with a fair trial are explicitly proclaimed in the Universal Declaration of Human Rights, the United States Constitution, and the European Convention on Human Rights, as well as in numerous other constitutions and declarations worldwide.
Impartiality of the Judge
The judge must remain impartial and independent and is subject to the law. The judge can and must acquit if the prosecution's evidence is insufficient to warrant a conviction. In the case of improper evidence being introduced, the judge will instruct the jury to ignore it. The judge also provides instructions explaining the elements of each offence that the prosecution must prove.
Impartiality of the Jury
The right to a fair trial is constitutionally linked to the right to serve on a jury. The Sixth Amendment to the United States Constitution guarantees that everyone accused of committing a crime is entitled to a trial before "an impartial jury". The jury must carefully evaluate the evidence presented by both sides and not afford undue weight to the prosecution's evidence. Fair and impartial jurors will be able to set inadmissible evidence aside and focus on the evidence relevant to the case.
Jury Selection
The defence attorney and the prosecutor's office will have a role in the jury selection process, known as voir dire. During this process, the defence attorney can ask questions, strike jurors who appear biased, and ensure all jurors are prepared to make a decision based on the evidence. If discrimination is suspected in the jury selection, the judge must ask the dismissing attorney to provide a neutral justification for dismissing the juror.
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Frequently asked questions
A fair trial is a trial conducted "fairly, justly, and with procedural regularity by an impartial judge".
The right to a fair trial is recognised internationally as a fundamental human right. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention on Human Rights. Some of the key rights include the right to a speedy and public trial, the right to an impartial jury, the right to legal representation, the right to confront witnesses, and the right to be presumed innocent until proven guilty.
Constitutional guarantees of a fair trial shape the administration of justice by providing safeguards against arbitrary government power and ensuring that criminal laws are enforced uniformly. These guarantees also help to establish the truth and protect the rights of accused individuals throughout the criminal process.
One example is the case of Gideon v. Wainwright in 1963, which determined that defendants are entitled to free-of-charge legal counsel. Another example is the case of Malinski v. New York in 1945, where Justice Felix Frankfurter emphasised the fundamental conception of a fair trial, including the opportunity to be heard. Additionally, in the United Kingdom, the right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights, which is incorporated into UK law.
