Honesty and fair trials are the preventive measures of injustices. It is a vital part of a just society. Accused people of the crime should have their case heard and determined by an effective and fair legal process. It is not about protecting the suspects, but making society safer and more vigorous. Fair trials will always ensure confidence. Therefore, the absence of fair trials makes the rule of law and government collapse. Following are the various scope of the right to a fair trial and hearing.
Recognition of the accused, victim, and community interests is vital and constitutes a fair hearing. Therefore, in any event, procedures that are to be followed during the hearing must respect the equality of arms principles. It requires all the parties to have a reasonable opportunity to present their case personally or by using a criminal defense lawyer. It should be under the condition that it does not demerit them against the proceeding of the other party.
The Right to Have a Public Hearing
The right to have a public hearing incorporates the principle of justice by subjecting legal proceedings to public scrutiny. However, the initial trial decisions made by prosecuting authorities are not supposed to be made in public. However, in some cases, appellate decisions are made on papers but not on a public hearing basis. It does not breach the public hearing right if the material on the court bases its decision available to the public. However, some witnesses on various channels that give evidence using video links may raise issues regarding public hearing rights. Therefore, such proceedings may be closed to the public due to some national insecurities matters.
Independent and Impartial
The judicial independence principle ensures that courts and judges resolve all disputes. The lawmakers must be impartial and are subject to proper control. Impartiality requirement also means that the proceedings must be free from bias and objective perception of bias. A good number of the federal tribunal and other significant bodies have been established. It deals with the review of the administrative decisions and actions, which government officials take. Tribunals are independent bodies tasked with providing merit reviews. A merit review is a process where individuals or bodies other than the primary decision maker do a reconsideration of the facts and determine the preferable decision.
All persons are equal before the law. In the determination of every criminal charge, everyone is entitled to a fair hearing. It ensures the society has a strong faith and trust in the government.