Right to a fair trial

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Criminal procedure

Criminal trials and convictions

Rights of the accused

Fair trial · Speedy trial
Jury trial · Counsel
Presumption of innocence
Exclusionary rule¹
Self-incrimination
Double jeopardy²

Verdict

Conviction · Acquittal
Not proven³
Directed verdict

Sentencing

Mandatory · Suspended
Custodial
Dangerous offender^{4, 5}
Capital punishment
Execution warrant
Cruel and unusual punishment

Post-sentencing

Parole · Probation
Tariff⁶ · Life licence⁶
Miscarriage of justice
Exoneration · Pardon

Related areas of law

Criminal defenses
Criminal law · Evidence
Civil procedure

Portals

Law · Criminal justice

¹ U.S. courts.

² Not in English/Welsh courts.

³ Scottish courts.

⁴ English/Welsh courts.

⁵ Canadian courts.

⁶ UK courts.

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The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically by restarted, or its verdict quashed.

The right to a fair trial is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article Six of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world.

Impediments

A fair and just trial might be impeded by:

Corruption or incompetence (judicial or otherwise)
Contempt of court (typically by the media or jurors)
Witness intimidation
A lack of legal counsel

Requirements

Conversely, a fair trial requires:

A competent, neutral and detached judge and (if applicable) jury
Uninfluenced witnesses
Ideally, a sufficient and equal amount of legal counsel for all parties

External links

Fair Trials International, a UK charity

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Articles of the Universal Declaration of Human Rights

General principles

Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights

International Covenant on Civil and Political Rights

Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties

Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations
Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Category:Human rights · Human rights portal

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Human rights

Fundamental concepts and philosophies

Fiduciary law · Freedoms · Group rights · Natural and legal rights · Negative and positive rights · State sovereignty · Universality · Universal jurisdiction

v • d • e Organisations and institutions

International institutions	Committee on the Rights of the Child · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council

Regional bodies	African Commission on Human and Peoples' Rights · African Court on Human and Peoples' Rights · African Court of Justice · European Court of Human Rights · European Committee for the Prevention of Torture · Inter-American Commission on Human Rights · Inter-American Court of Human Rights

Multi-lateral bodies	European Union · Council of Europe · Organisation of American States (OAS) · UN High Commissioner for Refugees (UNHCR) · UN Office for the Coordination of Humanitarian Affairs (UNOCHA) · International Labour Organization (ILO) · World Health Oragnization (WHO) · UN Educational, Scientific and Cultural Organization (UNESCO) · Joint UN Programme on HIV/AIDS (UNAIDS) · UN Department of Economic and Social Affairs (UNDESA) · Commission on the Status of Women (CSW) · UN Population Fund (UNFPA) · UN Children's Fund (UNICEF) · UN Development Fund for Women (UNIFEM) · UN Development Programme (UNDP) · Food and Agriculture Organization of the UN (FAO) · UN Human Settlements Programme (UN-HABITAT)

Major NGOs	Amnesty International · Human Rights Watch · International Committee of the Red Cross (ICRC)

Legal instruments

Declarations

Cairo Declaration of Human Rights · Declaration on the Rights of Indigenous Peoples · Universal Declaration of Human Rights · American Declaration of the Rights and Duties of Man · Paris Principles

International law

UN Convention Against Torture · Convention on the Elimination of All Forms of Discrimination Against Women · Convention on the Elimination of All Forms of Racial Discrimination · Convention on the Rights of Persons with Disabilities · Convention on the Rights of the Child · UN Migrant Workers' Convention · International Convention on the Suppression and Punishment of the Crime of Apartheid · International Convention for the Protection of All Persons from Enforced Disappearance · International Covenant on Civil and Political Rights · International Covenant on Economic, Social and Cultural Rights

Regional law

African Charter on Human and Peoples' Rights · European (Conventions on Human Rights · Conventions for the Prevention of Torture · Social Charter) · American Convention on Human Rights · Inter-American Convention (on Forced Disappearance of Persons · to Prevent and Punish Torture · on the Prevention, Punishment, and Eradication of Violence against Women · on the Elimination of All Forms of Discrimination against Persons with Disabilities)

International humanitarian law

Convention on the Prevention and Punishment of the Crime of Genocide · Convention Relating to the Status of Refugees · Protocol Relating to the Status of Refugees · Geneva Conventions · Hague Conventions · Rome Statute of the International Criminal Court

Concepts that may be considered as human rights

Civil and political	Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life

Economic, social and cultural	Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to development · Right to health · Right to healthcare · Right to water · Right to food

Reproductive	Family planning · Reproductive health · Abortion · Genital integrity · Freedom from involuntary female genital cutting

War and conflict	Civilian · Combatant · Freedom from genocide · Prisoner of war

Human rights by continent

Africa · Asia · Europe · North America · Oceania · South America

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This page was last modified on 1 December 2008, at 16:39.

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