General Meaning of a Fair Trial
The fair trial is the concept of criminal justice. Fair
means having the qualities of impartially and honesty. It is free form
prejudice, favoritism and self interest. In generic sense Fair trial has been
understand as disinterested dispensation of justice by competent state’s
judicial organs. Right to dignified life of each and all human being is
regarded as fundamental universal consensual recognition of every civilization
throughout the globe. In human right, there consist many types of rights of
people. Among several human rights, right to a fair trial, under any justice
system is one of essential concern. Those rights which are covered within the
meaning of fair trial have been guaranteed as the fundamental rights during
criminal proceedings.
Sometimes, fair trial is confused with fair hearing as
used as synonymous. The concept of fair trail comprises all the right of an
accused as accepted by criminal jurisprudence including fair hearing. Fair
hearing is one of the major parts of fair trial.
According to black’s law dictionary fair trial means a
hearing by an impartial and disinterested tribunal, a proceeding which hears
before in condemns, which proceeds upon inquired and renders judgment only
after trial consideration of evidence and facts as a whole. A basic
constitutional guarantee contained implicitly in the due process clause
fourteenth amendment of U.S. Constitution.
According to Oxford Reference Dictionary Fair means treating
people equally and Trial means a formal examination of evidence in a court of
law in order to decide if a person is guilty of crime.
It is not difficult to understand the inner core
of right to a fair trial by above mentioned definition. Fair trial means a
legal tried to one conducted in all material things in substantial conformity
to law. A trial which ensures substantial justice, a trial without the
prejudice to the accused, an orderly trial before an impartial jury and judge,
whose neutrality is indifferent to every factor in trial by that of
administrating justice. It means one conducted according to due course of law. It means a trial before an
impartial judge, an impartial jury and in atmosphere of judicial calm.
The term ‘fair trial’ comprise all process of criminal
justice commencing from the investigation to ultimate state of trial. A right
to a fair trial is a norm of international human rights law designed to protect
individual from the unlawful and arbitrary curtailment of deprivation or other
basic rights and freedom, the most prominent of which are the right to life and
liberty of the person.
Fair trial is for ensuring scientific mechanism of
crime investigation and imposition of punishment for public safety. Therefore,
notion of fair trial requires very scientific approach of functioning of all
the agencies involved in investigation, prosecution, adjudication and
administration of correctional systems.
Fair trial is a conception of international Human
Right Standards to a person in criminal charge or on a trial that protect his
or her inherent rights before during and after that trial. Independent,
competent and impartial judge and judiciary are only one guarantor and
protector of right to fair trial