Right to a fair trial
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| Criminal procedure |
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| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Right to silence · Miranda warning (U.S.) |
| Grand jury |
| Criminal prosecution |
| Statute of limitations |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Inquisitorial system · Adversarial system |
| Arraignment · Indictment |
| Nolo contendere (U.S.) · Plea bargain |
| Rights of the accused |
| Right to a fair trial |
| Presumption of innocence |
| Jury trial · Speedy trial |
| Habeas corpus · Bail |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy |
| Verdict and sentencing |
| Acquittal · Conviction (law)>Conviction |
| Not proven (Scot.) |
| Mandatory sentencing |
| Suspended sentence |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Dangerous offender (Can.) |
| Cruel and unusual punishment |
| Capital punishment · Execution warrant |
| Related areas of law |
| Criminal law · Evidence |
| Civil procedure |
| Portals: · |
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. a level playing field in terms of legal representation, such as a right to counsel for criminal defendants.
Divergent approaches
These are general principle, and, understandably, there exist divergent approaches and appreciation to what constitutes a fair trial. Proponents of both major classes of systems of criminal procedure (the adversarial system and the inquisitorial system) allege that their system offers defendant a fairer trial than the other system. There may be differences on points of procedures: for instance, some jurisdictions, in certain circumstances, allow trials of defendants in their absence (in absentia) while some other jurisdictions consider that a trial can only be fair if the defendant has attended it.
In cases of extradition, the extraditing country generally requires that the country requesting extradition offers the defendant a fair trial. 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. As an example, murderer Ira Einhorn waged a legal battle against his extradition from France to the state of Pennsylvania on grounds that his trial occurred in absentia and rendered a final judgment.
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