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fair trial ai detector 2

The document outlines key articles from international human rights covenants that guarantee the right to a fair trial and the consequences of unfair trials, including wrongful convictions and damage to public trust. It also highlights challenges in ensuring fair trials, such as media influence, the need for speedy trials, access to legal representation, and the protection of witnesses. The document emphasizes the importance of addressing these issues to uphold justice and maintain public confidence in the judicial system.

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5 views2 pages

fair trial ai detector 2

The document outlines key articles from international human rights covenants that guarantee the right to a fair trial and the consequences of unfair trials, including wrongful convictions and damage to public trust. It also highlights challenges in ensuring fair trials, such as media influence, the need for speedy trials, access to legal representation, and the protection of witnesses. The document emphasizes the importance of addressing these issues to uphold justice and maintain public confidence in the judicial system.

Uploaded by

ysarthak322
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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International Covenants

● Article 14 of the International Covenant on Civil and Political Rights states that
everyone shall be treated equally in court. Those accused of a criminal offense have
the right to a hearing and to prove their innocence.
● Article 10 of the Universal Declaration of Human Rights asserts that everyone is
entitled to a fair and public trial and the opportunity to present witnesses and evidence
in court.
● Article 6 of the European Convention on Human Rights specifies that the right to a
fair trial applies in both criminal and civil proceedings, adhering to the principle of
"presumption of innocence," which is derived from the maxim "Ei incumbit probatio
qui dicit, non qui negat."

Consequences of an unfair trial


1. Wrongful Conviction
An unfair trial led to tarnish the accused reputation, affecting his personal and professional
life . Also an accused may end up being in prison for a crime which he has not even
committed. As seen in Vishnu Kumar Tiwari v. State of UP where the accused Vishnu faced
20 years of imprisonment after which the Allahabad High Court declared him innocent.
2. Damage to public trust
Due to an unfair trial people start losing their confidence in the judicial system. It happens
when the legal proceeding are biased, impartial, and unjust. It may discourage people from
reporting crimes due to a perceived lack of justice.
3. Mental and emotional stress
Delay in justice can hinder a victim’s normal life ,which leads to severe stress and anxiety.
For an accused who is wrongfully convicted can result in depression and affect his mental
health.
Challenges in Ensuring a Fair Trial
1. Media Influence
Media Influences can affect the fairness of a trial by showing only one side of the story for
the view which creates a kind of biasedness among people. They only show the dramatic
parts of the case to gain views and increase TRP ratings , not representing the facts in proper
manner . This can create a kind of pressure among judges and lawyers to act in ways that
match public perception instead of sticking to the law.
2. Speedy Trial
Speedy trial is as an essential right and is unavailable due to the high pendency of the cases
in India . According to the report, 67% of the prisoners are under trial prisons in India. There
are 19.66 judges for 10 lakh people as compared to 107 in England. To ensure speedy and
timely trial resolution of cases it is essential to raise this figure. Lack of speedy trial also
leads to overcrowding and abuse of prisonsers in the limited capacity of prisons .
3. Access to legal representation
Defendants with limited resources might not afford skilled legal counsel for representation
which violates their right to get proper legal representation. Government counsel often
handles large caseloads impacting their ability to provide effective counsel.
4. Protection of Witnesses
Protection of witnesses is crucial to have a fair trial. Witnesses might face threats to not be
involved in proceeding from opposite parties. This may lead to instances where the witnesses
turn hostile, and they end up giving false testimonies. In my view, India also needs a program
like the US Federal Witness Protection Program (WITSEC)to protect witnesses and the
integrity of their testimony.

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