Essay: Right to a Fair Trial

10 Oct

Essay: Right to a Fair Trial

Sample Essay

States ought to reflect basic human rights in their policies including their criminal justice policies. A basic human right that criminal justice policies must promote is the right of persons accused of a crime to a fair trial. Article 14 of the International Covenant on Civil and Political Rights (Covenant) gives expression to the right to a fair trial. TheUnited Stateshas ratified the Covenant. ThoughChinahas not similarly ratified it,Chinahas at least signed the Covenant. Article 14 guarantees:

  • equality before the courts and tribunals
  • right to a hearing that is fair and public before a competent, independent and impartial tribunal established by law
  • presumption of innocence until proof of guilt in accordance with law
  • right to be informed promptly and in detail in a language that he or she understands of the nature and cause of the charge
  • right to adequate time and facilities to prepare for a defense
  • right to communicate with counsel of his or her own choosing
  • right to a speedy trial

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