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Topic: Fair trial


  
  Right to a fair trial - Wikipedia, the free encyclopedia
The Right to a fair trial is an essential right in all countries respecting the rule of law.
The essential ingredients for a fair and just civil trial must include a competent, neutral and detached judge (an independent judge); the absence of any intimidation of witnesses and ideally, an equal weight of arms i.e.
In some cases, this has led to some procedural defenses by defendants who alleged that their trial would not be fair according to the rules of the extraditing country.
en.wikipedia.org /wiki/Fair_trial   (336 words)

  
 Can This Man Get a Fair Trial? - International Justice - Global Policy Forum   (Site not responding. Last check: 2007-10-01)
What makes a trial fair are fair procedures, judges who can make fair decisions and what lawyers call "equality of arms," meaning that the caliber of the defense team measures up to the ability of the prosecutors.
Yet the actual trials could not begin until after the elections in January 2005, so as not to give the defendants an argument that the tribunal was created in violation of the Geneva Conventions, which prohibit an occupying power from establishing special tribunals.
In the end, as with the Nuremberg trial 60 years ago, if overwhelming evidence is presented against Saddam Hussein and his lieutenants, it will go a long way to making moot any claims that they did not receive fair trials.
www.globalpolicy.org /intljustice/tribunals/iraq/2004/1219fairtrial.htm   (1700 words)

  
 A Blog For All: A Fair Trial
Saddam is currently on trial for the reprisal executions of 140 Shiite Muslims after an assassination attempt against the former president in the Shiite town of Dujail in 1982.
Of course, what Clark thinks is a fair trial and what anyone in their right mind thinks is a fair trial are two separate things.
And Clark's presence at the trial is a sideshow, considering that many of Saddam's defense attorney's did not want him there due to his showboating and the way he treated fellow counsel.
lawhawk.blogspot.com /2005/11/fair-trial.html   (641 words)

  
 Fair trial is a human right, says NHRC chief
The NHRC's petition, filed after a fact-finding team visited Gujarat and submitted a report to the Commission, urges the Supreme Court to set aside the judgment of the trial court in the Best Bakery case and seeks directions for further investigation by an independent agency and retrial of the case in a competent court located outside Gujarat.
The concept of a fair trial is a constitutional imperative recognised in Articles 14, 19, 21, 22 and 39-A as well as by the Code of Criminal Procedure 1973.
When the right to fair trial is violated, it not just violates certain Fundamental Rights under the Constitution, but also violates human rights.
www.rediff.com /news/2003/jul/31spec1.htm   (941 words)

  
 Fair Trial Issues and the First Amendment
Convicted twelve years earlier of killing his young wife Marilyn, Dr. Sam Sheppard wins a new trial after his attorney, F. Lee Bailey, succeeds in convincing the Supreme Court that the massive publicity surrounding his original trial constituted a violation of his right to a fair trial.
The Supreme Court concluded that the trial was conducted in a "Roman Holiday" atmosphere and suggested that trial courts should take "strong measures" to protect fair trial rights.
Sam Sheppard's conviction for murdering Marilyn was reversed by the Supreme Court in 1966 because of the prejudicial publicity surrounding the trial.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/fairtrialissues.htm   (731 words)

  
 Fair Trial Initiative
Sarah was drawn to the Fair Trial Initiative fellowship by the unique opportunity it provides to develop relationships both with capital clients and with experienced defense attorneys.
Fair Trial Fellows will also have opportunities to speak at local and regional schools, civic organizations, and churches to educate the public about their experience with the death penalty and indigent defense.
The Fair Trial Initiative is proud to be a member of the North Carolina Coalition for a Moratorium.
www.fairtrial.org   (2368 words)

  
 Grotian Moment Blog | Issue #8: Can Saddam Hussein get a fair trial?
The first issue that has to be addressed is the fact that this whole situation, the trials, what is happening right now in Iraq, the military involvement, the soldiers that are being killed, the civilians that are being killed, the destruction of Fallujah, all this has taken place in violation of international law.
During the trial of Slobodan Milsosevic, the Serb people have been polled, and they say overwhelmingly that Milosevic is not getting a fair trial, that these international judges are not fair, and they don''t believe that Milosevic is guilty.
Another advantage of domestic trials is that they enable defendants to effectively subpoena witnesses, whereas Milosevic has not been able to compel witnesses to testify at his trial since the international tribunal lacks any type of constabulary.
www.law.case.edu /saddamtrial/entry.asp?entry_id=1   (5831 words)

  
 FAIR TRIAL FOR TERRORISM SUSPECTS HELD IN BELMARSH PRISON   (Site not responding. Last check: 2007-10-01)
Detainee C is released suddenly and unconditionally after three years in prison without a trial.
The House of Lords rules that the indefinite detention of foreign terrorist suspects without trial is incompatible with the European Convention on Human Rights and the Human Rights Act.
A 'technical state of emergency' is declared in the UK in order to allow the Act to derogate from the European Convention of Human Rights and the International Convention of Civil and Political Rights.
www.fairtrials.org.uk /history/history.html   (1085 words)

  
 Fair Trial For Terrorist? - CBS News
The judge then, as a sanction for what she ruled was a violation of Moussaoui's fair trial rights, voided the death penalty option in the case and also ruled that prosecutors could not offer certain dramatic, emotional testimony in the case about the events of September 11, 2001.
The appeals panel, too, recognized what the trial judge had found-the Mousssaoui's rights to present a defense would be impaired by the government's refusal to provide access to his bosses.
But it is now clear, in word and deed, that the feds want this particular show trial to be rigged grossly in their favor and are willing to gut a core Constitutional right in order to do so.
www.cbsnews.com /stories/2005/03/19/opinion/courtwatch/main681765.shtml   (1484 words)

  
 CNN.com - Rudolph attorneys say fair trial impossible in Southeast - Jan. 28, 2004
Attorneys for accused bomber Eric Rudolph said Wednesday that polling data shows their client cannot get a fair trial in the Southeast and have asked a federal judge for more time before filing a change of venue motion.
That trial is currently scheduled to begin in August.
The defense attorneys wrote that they found that fewer of those polled in Tennessee were predisposed to both finding Rudolph guilty and to sentencing him to death, but that the numbers were still high enough to possibly hinder his right to a fair trial.
www.cnn.com /2004/LAW/01/28/rudolph.trial.venue   (452 words)

  
 Amnesty International On-line: Fair Trials Manual
Unless human rights are upheld without discrimination in the police station, the interrogation room, the detention centre, the court and the prison cell, the authorities have failed in their duties and betrayed their responsibilities.
It is intended for the use of trial observers and others assessing the fairness of an individual case.
The manual covers pre-trial rights (152k), rights at trial and during appeals (189k), and special cases (158k) including death penalty trials, cases involving children and fair trial rights during armed conflict.
www.amnesty.org /ailib/intcam/fairtrial/fairtria.htm   (1129 words)

  
 (AP) Saddam-Era Judge: Suspects Got Fair Trial | WKRN.COM   (Site not responding. Last check: 2007-10-01)
A former judge who sentenced 148 Shiites to death under Saddam Hussein's rule in the 1980s told prosecutors in Saddam's trial Thursday that the suspects had confessed and received a fair trial that lasted 16 days.
After the men were sentenced to death, he said, "I was convinced the evidence that was presented was sufficient" to approve the sentences.
A separate trial will be held on those charges, possibly beginning in 45 days, though some officials have questioned whether the tribunal will be able to conduct two trials simultaneously.
www.wkrn.com /news/ap-saddamera-judge-suspects-got-fair-trial   (842 words)

  
 US Dept of State - Wolfowitz Says Military Commissions Would Ensure Fair Trial
Deputy Defense Secretary Paul Wolfowitz says the only people who would be subjected to trial by a U.S. military commission are "non-U.S. citizens who were connected to al-Qaeda or other terrorist movements" and who are strongly suspected of involvement "in some of the most terrible crimes ever committed" against the United States.
We decided we had figured out something that we believe really meets the standard of fairness, that is proper for the United States, that protects certain key things that normal either civil courts or military courts couldn't do, like the handling of classified information.
One of the judges who was involved in one of the terrorism trials earlier in the '90s still has around-the-clock protection because...
usinfo.state.gov /dhr/Archive_Index/fair_trial.html   (2882 words)

  
 CNN.com - A fair trial for Zacarias Moussaoui - Feb. 3, 2003
Rather than pursue a fair and impartial public trial, the government may soon opt to detain Moussaoui as an enemy combatant.
The fair trial "experiment," if it is to be characterized as such, should at least be recognized as an experiment with a long and honorable history, and, of course, with strong constitutional support.
Indeed, to avoid a direct conflict with the trial court, and the bad press that would result, the government might decide to dismiss the prosecution as soon as the appeal is resolved, or even sooner.
cnn.com /2003/LAW/02/03/findlaw.analysis.mariner.moussaoui/index.html   (1730 words)

  
 wcco.com - Vang Prosecutors: Fair Trial Is Possible
Vang's attorneys filed motions in March seeking to move the September trial, contending racial prejudice and overwhelming media publicity would prevent the Hmong man from getting a fair trial.
Lautenschlager also asked a judge to limit the number of cameras in the courtroom during Vang's September trial and to ban people from taking pictures or videotaping witnesses who do not want to be photographed.
Lautenschlager said even if the judge decides the jury should come from another county, the trial should stay in Sawyer County to accommodate the victims' families and the many prosecution witnesses, who include two survivors of the shootings and several other witnesses.
wcco.com /crime/local_story_131182623.html   (778 words)

  
 AETV Discussions: Scott Peterson. Not a fair trial. ...
The cameras were not inside the courtroom through most of the trial, the jurors took an oath to avoid newspapers and other media coverage and decide the case on what was presented in the courtroom.
I think he did recieve a fair trial, and was properly convicted.
The legal pundits every night during the trial were going on and on about how it looked like the prosecution was botching the case by not presenting the evidence better, and I was afraid that he would be yet another murderer who walked.
boards.aetv.com /thread.jspa?threadID=300027679&messageID=700003639   (1272 words)

  
 No Fair Trial
The fatal flaw is that the courts cannot provide a fair trial to someone who claims to be a foreign entity outside the jurisdiction of the legislature.
Keep asking the judge, "Wait a minute, don't you think I should have a fair trial before an impartial tribunal?" It is something the judge cannot deny.
If you cannot get a "yes," from the judge then say, "If you don't think that I should have a fair trial, then let's forego all the formalities and take me straight to jail." Be ready to lose your life, because that is the only way you are going to call them on it.
www.embassyofheaven.com /courts/nofairtrial.htm   (2012 words)

  
 Terror suspect won't get fair trial in US
Sydney - Australian-born Taliban fighter David Hicks, who is being held by US authorities as a suspected terrorist, is unlikely to receive a fair trial, the head of America's criminal defence lawyers group said on Tuesday.
The NACDL has advised all its members that they should not act as civilian defence counsel in the military trials because it believes the process is unlikely to be fair.
Hicks, who was named last week as one of an initial group of six detainees eligible to face a US military tribunal, does not yet have a military-assigned lawyer for his defence.
www.realnews247.com /terror_suspect_won't_get_fair_trial_in_us.htm   (512 words)

  
 Saddam’s Day in Court: Fair Trials at Risk (Human Rights Watch, 16-10-2005)
The trials of former Iraqi government officials will be closely watched inside Iraq and throughout the world.
The proceedings must be fair and be seen to be fair, and that means ensuring that the accused can vigorously defend themselves.
The 18-page briefing paper, “The Former Iraqi Government on Trial,” provides a concise explanation of human rights concerns arising from the statute of the court created to try Saddam Hussein and others: the Supreme Iraqi Criminal Tribunal (formerly known as the Iraqi Special Tribunal).
www.hrw.org /english/docs/2005/10/16/iraq11883.htm   (559 words)

  
 BostonHerald.com - Entwistle Murders: Experts say fair trial possible   (Site not responding. Last check: 2007-10-01)
Entwistle is behind bars awaiting trial for the Jan. 20 murders of his wife, Rachel, and their 9-month-old daughter, Lillian.
Entwistle’s attorney could ask a judge to move the trial to another county, slap gag orders on attorneys and witnesses involved in the case and sequester jurors, said former Massachusetts Judge Daniel B. Winslow.
Clark had requested that his trial be moved to another county because of the pretrial publicity, but a judge denied his request.
news.bostonherald.com /entwistleMurders/view.bg?articleid=126790   (507 words)

  
 ABC News: Saddam-Era Judge: Suspects Got Fair Trial   (Site not responding. Last check: 2007-10-01)
Awad al-Bandar, one of Saddam's seven co-defendants who testified last month, was cross-examined for a second time over the 1984 trial of the Shiites before his Revolutionary Court.
The former judge who sentenced 148 Shiites to death in the 1980s insisted the suspects confessed and received a fair trial as prosecutors called him back for questioning Thursday over a crucial point in the trial of Saddam Hussein.
Prosecutors are seeking to show that al-Bandar's Revolutionary Court gave the 148 Shiites only a cursory trial on charges they tried to assassinate Saddam in the town of Dujail in 1982 and that Saddam approved their death sentences even though many had nothing to do with the attack.
www.abcnews.go.com /International/wireStory?id=1812995   (515 words)

  
 A Fair Laci Trial In Home County? - CBS News
Attorneys for Scott Peterson say there is no way their client can get a fair trial in Stanislaus County and they want the case to be moved, preferably to Los Angeles, reports CBS News Correspondent Steve Futterman.
Criminal defense attorney John Schick, however, agrees with Peterson's attorneys that there is little chance for a fair trial at the "epicenter of information.
The judge in Scott Peterson's upcoming murder trial hears is hearing arguments on whether to move it to another location, KOVR Sacramento's Gloria Gomez reports.
www.cbsnews.com /stories/2004/01/08/national/main592148.shtml   (568 words)

  
 CBC News Indepth: Toronto Bomb Plot
Mohammad Momin Khawaja was arrested March 29, 2004, accused of participating in the activities of a terrorist group and facilitating a terrorist activity.
As they emerged from a Brampton, Ont., courthouse on June 6, 2006, lawyers for several of the accused said they felt their clients would receive a fair trail — but they did have concerns about the atmosphere and the process.
No one, he suggests, would want to sit on a jury in a trial that would be subject to intense security and scrutiny.
www.cbc.ca /news/background/toronto-bomb-plot/anti-terrorism-act.html   (886 words)

  
 Milosevic Trial: Fair, Faked or Fantasy?
The conference was born out of a feeling that the unexpected death of Milosevic just as the four year case against him was ending called for some sort of closure, which tribunal judges would no longer be able to provide.
The overall tone of the conference was critical, and this mood extended from procedural aspects of the Milosevic trial all the way to back to first principles, with some participants suggesting the tribunal was politicised from the start and thus had little hope of being fair.
More than a month after former Yugoslav president Slobodan Milosevic was buried with all the pomp and splendour of a lavish Belgrade ceremony, there is no danger of the subject of his trial being laid to rest.
www.gnn.tv /headlines/8985/Milosevic_Trial_Fair_Faked_or_Fantasy   (554 words)

  
 AsiaMedia :: CHINA: Give ST journalist a fair trial, says ex-judge
Beijing should produce evidence in a fair trial to back its charges that detained Straits Times journalist Ching Cheong spied for foreign intelligence agencies, a respected ex-judge said yesterday.
The former mainland China judge, who is now a senior researcher with Hong Kong's Chinese University, said that the facts of the case were still hazy.
He said there were three types of secret documents in China - those concerning security of the state; those classified secret; and those known exclusively within a specific boundary or group of people.
www.asiamedia.ucla.edu /article.asp?parentid=25103   (477 words)

  
 Newsvine - Prosecute the Times. Newspapers deserve a fair trial too.
One of the big problems with that last part is that only career government officials get access to this info, and the only way to challenge the classification is through procedures set up by their bosses.
I'm upset that many people here think the New York Times should be given a fair trial and they turn around and demonize ExxonMobile or some other company and think they shouldn't be given any fair trial.
So yes they both deserve a fair trial and both aren't going to get it in the court of public opinion.
killfile.newsvine.com /_news/2006/06/27/269967-prosecute-the-times-newspapers-deserve-a-fair-trial...   (7179 words)

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