Is it part of the concept of a fair trial that‚ if an accused cannot afford legal representation‚ the state must provide it? INTRODUCTION ‘When a person is faced with deprivation of liberty‚ the most stringiest standards must be followed to ensure that the person is properly subject to that restriction.’ The notion of obtaining a fair trial has long been questioned as far back in the time of trial of King Charles I of England in 1649. His highness insisted upon his conception of the rule of law
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FAIR TRIALUNDER CRIMINAL LAW 1. INTRODUCTION The concept of fair trial has been adopted by almost all the countries in their respected field of laws. The purpose behind the establishment of fair trial is to protect the common man from unfair means of any injustice and violation of fundamental rights. The principles of natural justice are the ultimate basis of fair trial system. As far as country like India is concerned‚ the concept of fair trail is envisaged under the Constitution and other
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The right to a fair trial is a common law right. A fair trial is designed to prevent wrongful convictions‚ protect people’s life‚ liberty and reputation. A fair trial ensures that accused people remain innocent until proven guilty and that their reputation is not harmed in the process (Australian Law Reform Commission‚ 2014). To ensure that every individual who is facing court after being accused of committing a crime has a fair trial‚ laws have been implemented to restrict powers specifically of
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favor of executing these officers without granting them a full or fair trial‚ which was also called summary justice. On the contrary‚ the United States proposed military tribunal. In the end‚ military commission won. A series of trials‚ called the Nuremberg Trials‚ were then held where various Nazi officials were tried for their war crimes. These trials were treated carefully and diplomatically as they
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the storyline. In Shakespeare’s play The Merchant of Venice‚ Shylock is presented as the most developed character. Shakespeare purposely creates both an antagonist and protagonist in Shylock‚ by creating a change in view for the reader throughout the play. He can be viewed as a hated Jew that is often referred to as a villain‚ a devil‚ and a money obsessed freak‚ but a sudden change of personality tends to always occur. We first see Shylock as a person who chooses everything over money‚ but later we
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Imagine how hard life was for colored people back then. How one couldn’t even receive a fair trial because of someone’s color or ethnicity. How is was virtually impossible for them to receive a fair trial without people using stereotypes to structure their judgment. To Kill a Mockingbird demonstrates many conflicts‚ one being the beating and rape of a white woman by a black man‚ which back then was punishable by death. With this case‚ a man by the name of Atticus accepts to defend the man who is
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There has been numerous court hearings relating to the media and if the media should be allowed in courtrooms during trials. One of the biggest arguments is the concern that the presence of media can affect the testimonials of witnesses’ or influence the jury’s verdict. There has been numerous court hearings relating to the media and if they should be allowed in courtrooms during trial. Under the Constitution of the United States‚ the First Amendment guarantees one to the right for Freedom of Speech
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Shakespeare portrays the characters Shylock and Antonio in the trial scene to be victims of the trial scene. In my opinion‚ Shylock is the main victim as he is discriminated for following a different religion to everyone else in the court. Being a Jew meant that the other people in the court were racist against Shylock meaning that they treated him unfairly in comparison to Antonio; who was helped in every way so that he could win the trial and Shylock would not get his pound of flesh. Shakespeare
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Fair trial If the prosecutor‚ while working out a file‚ appreciates that a criminal lawsuit must be initiated‚ then he/she shall send a copy after the resolution for the initiation of the criminal lawsuit to the suspect person involved in the precursory criminal investigation‚ a person who‚ under the circumstances‚ becomes a defendant. The resolution shall be motivated. Also‚ when a person is summoned before a criminal investigation body or a court of law‚ a summoning notice is
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Another reason that the court itself was not fair was that the four Allied Powers and their judge representatives came into the trials with strong anti-German approaches and they did not judge the Germans objectively and Fairley. Both the Soviet Union‚ France‚ The United States and Britain blamed Germany for its horrible acts during World War II and they put that blame on the individual defendants instead of Germany as a whole. The Soviet Union blamed the defendants for murdering many people and
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