Fair Trial Advantages

Today, in the United States, most citizens are able to appreciate the fair, balanced legal system that is in place. The country suffered many failures before establishing the United States Constitution, and later the Bill of Rights, which became the foundation of the country’s legal system and protection of the citizens’ rights (American Sentinel University). Citizens may take their right to trial or their right to due process for granted, without realizing how life was before these rights were recognized and established. Until the Constitution in 1787, the justice system was not permanent and not quite clear, causing unfair and unjust treatment. Of course, no system can be perfect, but it is possible to discover options that suit the wants

There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of

These rules have been developed in order to try and keep the process fair to both sides and ensure consistency between trials. The implementation of legal aid ensures that poorer offenders have access to the legal system and receive a fair trial. The measures both legal and non-legal through the criminal trial process ensure that each offender receives a fair trial in which they can be correctly convicted and effectively sentenced.

Unfair trials happen all over the world and anyway can be affected by it through biases and mistakes in the trials. Although judge and jury determine the fate of a trial, it may not always be fair because they can make mistakes during a trial and sometimes have biases and it is the law that every human has a chance to have a fair trial.

Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal

In addition to our other rights, we have the rights to enforce the law and judge on our own behalf. We may intervene in cases where our own interests are not directly under threat to help enforce the law of nature. Still, the person who is most likely to enforce the law under these circumstances is the person who has been wronged. The basic principle of justice is that the punishment should be proportionate to the crime. When victims are judging a crime; they likely to judge it of greater severity than an impartial judge. As a result, there will be miscarriages of justice.

To ensure the safety of the citizens, any nation requires an equitable judicial system. Fair

The law and legal processes are utilised in various ways in order to provide a fair and just trial process for the victim and the accused, as well as the general community. There are set standards ensuring that the trial process is a fair one for all involved, as a functioning, fair and efficient justice system is the cornerstone of any true democracy.

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

The idea of trial by ordeal and its methods are that if an accused can endure the decided ordeal without any injury or with surviving it with minimal injury, it will be concluded that it was a will of God and that the accused is innocent. However, trial by ordeal is said to be the end point of a relatively formal judicial procedure. This formal judicial procedure has several local variations but historical research suggests that it is commonly comprised of four main

he right to a speedy trial is the first of the seven rights. Having a speedy trial is essential while you are being under investigation for the simple fact that one would not want to spend an infinite amount of time behind bars without being heard. For example if one is being held behind bars for five years before their case is even brought to trial and defendant happened to be innocent, there is no way the court can grant the person those five years that the person had lost. Another reason for a speedy trial would be for the obvious reason that it is expensive to house an individual behind bars while he waits for trial. Finally the most important reason would be that as time goes by the accused memory may become cloudy and would most likely damage his defense. The right to a speedy trial was proposed by James Madison while trying to defend the constitution to the anti-Federalist. Madison proposed twenty amendments in what is known as the bill of rights on June 8, 1789 (Revolutionary War and Beyond, 2008-2010). Madison gave a speech to the very first congress

To begin with, some critics claim that the process of plea bargaining is unfair to criminally accused defendants, creating a situation in which defense counsel may be tempted to give precedence to his or her own interests rather than to the best interest of the accused. The prosecutors possess too much discretion when selecting the charges that a criminal defendant may face. When a defendant is arrested, the prosecutors have the responsibility to place any charge if they have enough evidence and facts to support a reasonable belief that the defendant has committed the crime. Particularly, this standard is called probable cause, which is section 8 of the Canadian Charter of Rights and Freedoms, and this is a lower standard than ability to prove a charge beyond a reasonable doubt, which is the standard that the prosecution must meet at trial. Therefore, for ease, a prosecutor may lay similar, more serious charges without considering the charges can be proved beyond reasonable doubt at trial. Moreover, for the reason being that the prosecutors are evaluated on the basis of their conviction rates, they might be influenced to try to win at all costs. Some argue

In the Australian legal system, juries have been the subject of debate for many years. Should we have them for criminal trials or will justice be done better through trial by judge alone?

In an ordered society, justice is necessary for everyone must be treated fairly. Regardless of a bad action or crime a person commits, they must receive a fair trial. Within the Bill of Rights of the United States Constitution, the sixth amendment states that one has a right to a speedy, public, and impartial trial by jury. Within The Eumenides, Athene is the voice

The putting element approximately this listing when compared with earlier makes use of of truthful trial is that all of the rights are “possessions” of the defendant and sell the precept of “equality of hands” where the defendant is allowed “an inexpensive opportunity of providing his case to the court beneath conditions which do no longer location him at a huge downside vis `a vis his opponent” certainly, views represented in the first cluster of popular declaration, inclusive of proportionate punishments, judicial equity, freedom of sense of right and wrong, religious toleration, the right to life and the security of humans, among different conceptions one may additionally associate with ‘liberty’ or toleration, had been not unknown in ancient texts. As for the query of social and economic justice or ‘equality’, article 22 of the usual assertion stipulates that each human possesses ‘monetary, social, and cultural rights, [as] necessary for his dignity and the free development of his