MARIANNE MAY MENDOZA

BEED 1-A

A FAIR TRIAL
A fair trial is a trial by a neutral and fair court, conducted so as to accord each party the due process rights required by applicable law of a criminal. The term fair trial is a legal and ethical concept used to describe the procedural rules of a court and the treatment of those accused of a crime. According to democratic ideals, a fair trial is one in which the defendant's rights are respected throughout the trial, the trial is handled according to due process and established law, and the judgment is handed down by a neutral body. Ensuring a fair trial is what governs many of the standard procedural rules of courts in many regions, but the right to this treatment is by no means globally ensured. Many human rights groups seek to improve trial legislation throughout the world to increase the opportunity for justice worldwide. Sometimes the right to a fair trial is codified in declarations of rights, there is language about trial rights in the United States Constitution, the European Convention of Human Rights, and other national and international documents. The idea of this type of inherent and codified right is an ancient one; among other examples, it was part of the reason behind public legal debates in the ancient Roman forum. With the rise of monarchs and dictators who could pass judgment regardless of trial, it is easy to see how quickly this right could be dissolved if not codified and strictly followed on all levels of judgment. A fair trial generally requires two things: the neutrality of the judge or jury, and the just treatment of the defendant. The concept of innocent until proven otherwise is an important one when considering this issue, as an assumption of guilt before a duly processed trial undermines the whole concept of neutrality. The concept of a fair trial is still a matter of some controversy, even in areas that have had clear laws on the subject for centuries. The rise of terrorism and the wars of the 21st century have raised a highly controversial question about the application of fair trial laws to foreign prisoners. If, for instance, a nation captures a terrorist who is not a citizen, does that person qualify for a fair trial? This, as well as many other subtly distinctive questions, forms a great bulk of modern legal discussion. It is important to remember that a fair trial is a philosophical and ethical concept, and thus will likely never be free from controversy and debate. The right to a fair trial is a fundamental safeguard to ensure that individuals are protected from unlawful or arbitrary deprivation of their human rights and freedoms, most importantly of the right to liberty and security of person. It is an important aspect of the rights which enable effective functioning of the administration of justice. Set forth by the Universal Declaration of Human Rights (UDHR) in 1948, the right to a fair trial has since then been further elaborated and is recognized by several international and regional human rights standards, including the International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is or is not a fair trial, for example the right to a jury trial and other important procedures vary from nation to nation.