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Topic: Right to a fair trial


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In the News (Mon 30 Nov 09)

  
  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.
It is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights, the Sixth Amendment of the US Constitution, and Article Six of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world.
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.
en.wikipedia.org /wiki/Right_to_a_fair_trial   (340 words)

  
 Right to a fair trial: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-10-21)
The Right to a fair trial is an essential right in all countries respecting the rule of law rule of law quick summary:
The universal declaration of human rights (also udhr) is a declaration adopted by the united nations general assembly (a/res/217, december 10 1948),...
The european convention on human rights (1950) was adopted under the auspices of the council of europe to protect human rights and fundamental freedoms....
www.absoluteastronomy.com /encyclopedia/r/ri/right_to_a_fair_trial.htm   (1316 words)

  
 Human Rights
Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to engage in political activity.
A human right can exist as a shared norm of actual human moralities, as a justified moral norm supported by strong reasons, as a legal right at the national level (here it might be referred to as a "civil" or "constitutional" right), or as a legal right within international law.
If the right is the right to a fair trial when one is arrested and accused of a crime, the demand side would set out the rightholder's claim to a fair trial and the reasons why that claim is very valuable or important.
plato.stanford.edu /entries/rights-human   (11719 words)

  
 human rights - Hutchinson encyclopedia article about human rights   (Site not responding. Last check: 2007-10-21)
Under the terms of the United Nations Charter human rights violations by countries have become its proper concern, although the implementation of this obligation is hampered by Article 2 (7) of the charter prohibiting interference in domestic affairs.
The Universal Declaration of Human Rights, passed by the General Assembly on 10 December 1948, is based on a belief in the inherent (natural) rights, equality, and freedom of human beings, and sets out in 28 articles the fundamental freedoms – civil, political, economic – to be promoted.
The former includes: freedom of thought and opinion; right to liberty and a fair trial; right to privacy; right to self-determination; freedom from discrimination on grounds of gender, race, religion, nationality, or political orientation; and protection from inhuman punishment.
encyclopedia.farlex.com /human+rights   (785 words)

  
 Writer's Encyclopedia--Letter F   (Site not responding. Last check: 2007-10-21)
Fair use is usually determined by these four factors: (1) the purpose and character of the use—for example, commercial or not-for-profit educational; (2) the nature of the copyrighted work; (3) the amount used in proportion to the copyrighted work as a whole; and (4) the effect on the market value of the copyrighted work.
A central concern both of jurists and journalists is the conflict between the right of a defendant to a fair trial and the right of the news media to press freedom.
The right of the media in courtrooms vs. the right of the defendant to a fair trial, for example, is a continuing legal problem that could not have been foreseen until the advent of electronic mass media.
www.writersmarket.com /encyc/f.asp   (10167 words)

  
 Collegian • Opinion • Media circuses undermine right to a fair trial
During the flout, the trial is still open to the public.
The right of the media to report on it is not abridged, just delayed to allow for an unpolluted atmosphere in which justice can truly be blind.
This right has been substantially eroded in the last decade by our willingness to let those who are not judges or jurors call the tune.
www.csufresno.edu /Collegian/archive/2005/03/04/opinion/media.shtml   (678 words)

  
 liibulletin: People v. Calabria
Whether the cumulative effect of several instances of prosecutorial misconduct denies a defendant his or her right to a fair trial.
The cumulative effect of several instances of prosecutorial misconduct, such as disregarding the court's pretrial orders and rulings during the trial, denied a defendant his or her right to a fair trial.
At trial, in the presence of the jury, the prosecutor disregarded the court's pretrial ruling and asked defense counsel for the lineup photographs.
www.law.cornell.edu /nyctap/comments/i00_0030.htm   (441 words)

  
 The right to a fair trial
The right to a fair trial comprises essential safeguards which balance the interests of criminal justice with the protection of the human rights of the individual.
Amnesty International is concerned that the right to a fair trial is not guaranteed under the OAS Acts and points to the findings of the aforementioned treaty monitoring bodies which have identified a failure to comply with international obligations in specific cases.
It thereby violates the right to the presumption of innocence and the right not to be compelled to admit guilt or testify against oneself which are enshrined in Articles 14(2)and 14(3)(g) of the ICCPR.
homepage.eircom.net /~hrc/trial.htm   (3284 words)

  
 The Right to a Fair Jury Trial Not a Perfect One
The right to unbiased and unprejudiced jurors is an inseparable and inalienable part of the right to a trial by jury guaranteed by the Constitution."2 "Parties to a civil case are always entitled to a decision based on the honest deliberations of twelve qualified jurors.
In upholding the trial court's decision, the court of appeals refused to allow proof that extrinsic evidentiary facts infiltrated the jury's deliberation to be established by the affidavit or testimony of jurors.
W.D. 1997) (appellate court reversed trial court and remanded the case for a new trial on the grounds that the failure of a juror to disclose during voir dire his wife's death and a subsequent wrongful death suit 15 years earlier was prejudicial error.
www.mobar.org /journal/1997/mayjun/jury.htm   (5907 words)

  
 Stanford Copyright & Fair Use Encyclopedia Britannica Educ. Corp. v. Crooks, 558 F. Supp. 1247 (W.D.N.Y. 1983)
When a claim of fair use is asserted, the court weighs and considers the merits of the claim by applying the suggested criteria found in section 107 of the New Copyrights Act.
The court's finding that defendants' request for temporary use is not fair use of plaintiffs' works is intended only to affect the parties in this case and is based solely on the law and the facts as presented in the instant action.
At trial, testimony of teachers revealed that a videotape copy produced by BOCES was generally played four to seven times before a classroom audience.
fairuse.stanford.edu /primary_materials/cases/c558FSupp1247.html   (3999 words)

  
 CJLF: Briefs: Agard brief - Parts I and II (file 2 of 3)
Because this opinion invoked the right to a fair trial, the limits on applying substantive due process to criminal procedure were not applicable.
The right to a fair trial does not, however, transform a reviewing court into a roving censor, parsing closing arguments for the smallest impropriety.
The fundamental fairness standard of due process is an inappropriate vehicle for analyzing the argument in the present case.
www.cjlf.org /briefs/agard1.htm   (1975 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.
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.
32.2.3 Right to be free from compulsion to confess
www.amnesty.org /ailib/intcam/fairtrial/fairtria.htm   (1129 words)

  
 Lesson 7 Criminal Due Process
Sheppard appealed the case, charging that his right to a fair trial was compromised by the prejudicial nature of the pre-trial publicity.
He has the power to grant permission to move the trial to another place, if he feels it unlikely that, even after allowing a reasonable time to pass, a fair trial would still be unlikely in a specific place.
If, during the course of the trial the judge becomes convinced that the pre-trial publicity has made a fair trial impossible, he has the power to declare a mistrial.
www.maxwell.syr.edu /plegal/Lessons/Dpr/dpr7.html   (3046 words)

  
 January Trial Order   (Site not responding. Last check: 2007-10-21)
Andrea Pia Yates before return of the final verdict in the trial on the merits would generate pre-trial publicity that would interfere with the defendant’s right to a fair trial by an impartial jury.
Andrea Pia Yates, members of the venire panel and members of the jury for the trial of  this case may be interviewed, but have no obligation to talk to anyone, including members of the media, and may refuse all interviews or comment.
The Court FINDS that a change of venue in combination with sequestration of the jury would be ineffective in ensuring Andrea Yates’s right to a fair and impartial jury.
www.justex.net /yates/010702YATESJANUARYtrialorder.htm   (2297 words)

  
 Right to Trial Imperiled by Senate Vote
When the Center for Constitutional Rights sued on behalf of people held at Guantanamo, the Justice Department argued that the courts would not have jurisdiction even if the detainees were being summarily executed.
Alberto Gonzales wrote in his torture memo, "It is difficult to predict the motives of prosecutors and independent counsels who may in the future decide[d] to pursue unwarranted charges" based on the War Crimes Act.
The Graham amendment is portrayed as a law that restricts the rights of detainees.
www.thenation.com /doc/20051128/brecher   (1438 words)

  
 Ideoblog: Ken Lay's right to a fair trial
He is entitled to fairness whether he's a businessman or not.
But it's important because he is a businessman to send the right signals to future entrepreneurs about how risk-taking behavior is going to be treated.
I was in the room with 500 other Enron employees when Ken Lay got on stage and raised his right hand and said, "On my honor, the HQ of Enron will not move to Houston, Texas".
busmovie.typepad.com /ideoblog/2004/09/ken_lays_right_.html   (352 words)

  
 Supreme Court - The internet and the right to a fair trial. Address to the...: Lawlink NSW
It is an essential characteristic of a fair trial that the jurors decide the case upon the evidence that is allowed to be adduced in the trial and which has been tested in accordance with the common law mechanism of trial, particularly by the legal representatives of the accused.
The decision to set aside the verdict in the second trial for murder of his first wife and order a third trial for that offence was not based on the knowledge of the retrial.
The right to a fair trial is protected by numerous specific practices and rules that have developed over the course of centuries of practical experience involving adaptation to changing circumstances in accordance with the classic common law process.
www.lawlink.nsw.gov.au /sc/sc.nsf/pages/spigelman_1_6_05   (7635 words)

  
 Now Look Who's Calling for Presumption of Innocence and the Right to a Fair Trial : SF Indymedia   (Site not responding. Last check: 2007-10-21)
This president who has claimed the right to lock American citizens up without charge and to hold them indefinitely without the right to see a lawyer or to go to contest their captivity in court is suddenly touting all those rights, now that his own people are in the dock.
The same thing was been done to another American-born citizens, Yaser Esam Hamdi, who was ultimately stripped of his birthright and deported to his parent's homeland, Saudi Arabia, after the government had to admit that it didn't have the evidence to try him as a terrorist.
Clearly Bush does not really believe that everyone in America has a right to the presumption of innocence and to a fair trial--only people in his administration who are charged with serious crimes.
sf.indymedia.org /mail.php?id=1721321   (431 words)

  
 IHRC - Briefing: Upholding the Right to a Fair Trial? Trying Saddam Hussein   (Site not responding. Last check: 2007-10-21)
Although it is supposed to be a trial of the Iraqi dictator by the Iraqis themselves, skeptics envisage that the United States will play a significant role behind the scenes in ensuring that the trial proceeds in a manner they would like it to.
In such a situation the need to uphold, and be seen as, upholding the right to a fair trial is essential for the tribunal’s credibility and legitimacy, both in Iraq and elsewhere.
Suspects should be brought to justice in proceedings that are consistent with international norms and standards for fair trial.
www.ihrc.org.uk /show.php?id=877   (1286 words)

  
 BMA - Right to a fair trial   (Site not responding. Last check: 2007-10-21)
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
It has been suggested that Article 6 will be used to seek more frequent court declarations about the provision or withholding of medical treatment although this suggestion has been rejected by some lawyers.
Right to respect for private and family life
www.bma.org.uk /ap.nsf/Content/HumanRightsAct~relevant~article6   (163 words)

  
 The right to a fair trial
William Treat with the preparation of a study entitled "The right to a fair trial: current recognition and measures necessary for its strengthening",
Recalling also articles 8, 10 and 11 of the Universal Declaration of Human Rights, which affirm the right of every individual to a fair and public hearing by an independent and impartial tribunal, the right to be presumed innocent until proven guilty and the right to an effective remedy,
Aware also that the Human Rights Committee at its fiftieth session decided to communicate to the Sub-Commission its view that the remedies provided in article 9, paragraphs 3 and 4, read in conjunction with article 2 are inherent in the International Covenant on Civil and Political Rights as a whole,
www.unhchr.ch /Huridocda/Huridoca.nsf/0/926a121264dd216480256708005998c3?Opendocument   (760 words)

  
 Comments from Those Who Support Paula Jones' Right to a Fair Trial
Included here are some of the comments in I have received in my guestbook and via e-mail in support of Paula Jones and her right for a fair trial, the April 1, 1998 ruling and the appeal decision.
As of April 1, 1998 it is now established that no mere "woman" has the right to a fair trial involving sexual harassment, especially when it involves a political figure.
What a setback to equal rights for women from those who were (and are) supposed to be fighting for them in the first place.
www.gargaro.com /propaula.html   (14403 words)

  
 First amendment, issues of race among 'Right to Fair Trial' topics   (Site not responding. Last check: 2007-10-21)
Legal experts will debate the right to a fair trial at the University of Chicago Legal Forum Symposium on Friday and Saturday, Nov. 7 and 8, at the Law School.
"In the modern era, the right to a fair trial faces threats from both inside and outside the courtroom," said David Gordon, editor-in-chief of the Forum.
The articles are edited by members of the Legal Forum and, together with student-written works, are published in a bound volume issued next fall.
chronicle.uchicago.edu /971106/forum.shtml   (447 words)

  
 Look Who's Suddenly Insisting On The Presumption Of Innocence And The Right To A Fair Trial...   (Site not responding. Last check: 2007-10-21)
Look Who's Suddenly Insisting On The Presumption Of Innocence And The Right To A Fair Trial...
Since Padilla is unable to contest these charges--or really even to know what the charges are or who has been testifying against him--no one can know their veracity.
In this case there is presumption of guilt, no due process, and no trial whatsoever.
www.rense.com /general68/look.htm   (319 words)

  
 The Right To A Fair Trial Reinforced Hardcover - SHOP.COM   (Site not responding. Last check: 2007-10-21)
The Right To A Fair Trial Reinforced Hardcover
The Right To A Fair Trial Author: Enid W. Langbert Publisher: Greenhaven Pr Format: Reinforced Hardcover
All other designated trademarks, copyrights and brands are the property of their respective owners.
www.shop.com /op/aprod-p28065986   (145 words)

  
 Now Look Who's Calling for Presumption of Innocence and the Right to a Fair Trial : LA IMC   (Site not responding. Last check: 2007-10-21)
Now Look Who's Calling for Presumption of Innocence and the Right to a Fair Trial : LA IMC
` "In our system," he said, "each individual is presumed innocent and entitled to sue process and a fair trial."
Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center.
la.indymedia.org /mail.php?id=138125   (444 words)

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