Sentences with phrase «of a fair trial»

Leaving aside a truly groundbreaking finding — also constitutional courts enjoy the guarantees of a fair trial!

In addition the law on contempt as applied in this case presumed the accused guilty and imposed on them the burden of proof of innocence contrary to the principles of fair trial.

Without high - quality legal defense, you stand virtually no chance of a fair trial.

When individuals had similar resources, there was an equality of arms — a key component of a fair trial.

This is a transfer of the cost of fair trials from society as a whole to a small group of lawyers.

The aim of a fair trial must be to determine the rights of all involved.

The CCC «pointed to the deficits concerning the guarantees of the fair trial in the procedure in [the Landtová Case]».

The cumulative effect of this judicial examination undermined the appearance of a fair trial, and for that reason I would allow the appeal and direct a new trial.

«Caruana's lawyers Joseph Neuberger and Partners argued their 58 - year - old client was deprived of a fair trial with a lawyer when Sicilian courts tried him in absentia... Neuberger said he'll be filing a challenge at the Court of Appeal and also making written submissions to Justice Minister Irwin Cotler to stave off his client's extradition.»

«Let us see what happens in terms of the review, but I very firmly believe that the values we have in this country of a fair trial - you should know what you are accused of, you shouldn't be locked up or put under house arrest,» he told the BBC yesterday.

Until the police and CPS take their responsibilities in dealing with disclosure in volume cases more seriously, no improvement will result and the likelihood of a fair trial can be jeopardised.»

Jose Felipe Velasco insists Orange County Judge David A. Hoffer cheated him out of a fair trial by placing a juror on the supposedly neutral citizen's panel after she repeatedly declared the defendant guilty before hearing any evidence.

Judge Seated Juror Who Declared Defendant Guilty Before Trial Jose Felipe Velasco insists Orange County Judge David A. Hoffer cheated him out of a fair trial by placing a juror on the supposedly neutral citizen's panel after she repeatedly declared the defendant guilty before hearing any evidence.

First, on what basis can we say that the Parliament and Council should have extended the protection of fair trial rights in the way you suggest, and second, in what way can the Parliament and Council be criticized for lacking the «courage and ambition'to do something which, as a matter of EU law, it appears to have no competence to do?

The seriousness of the offence for which the accused is charged is, in and of itself, not a factor to be considered in determining the placement of the accused in the court, as the seriousness of the offence says nothing about security concerns or the interests of a fair trial.

The John A. McLeish Award honours a person who has made an outstanding contribution to the goals of a fair trial and access to justice, as an advocate, in legal scholarship, continuing legal education, legal writing, journalism, politics or government.

'' [T] he interest protected by the right to have guilt or innocence determined by a jury — tempering the possibly arbitrary and harsh exercise of prosecutorial and judicial power — while important, is not as fundamental to the guarantee of a fair trial as is the right to counsel.»

«That Sudan continues to prosecute these men, and without even allowing them free access to their legal team, makes a mockery of the judicial process and is a clear violation of fair trial principles, as articulated in Article 7 of the African Charter on Human and Peoples Rights (ACHPR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a party.

Essentially, the appeals court agreed with him, ruling in part that the lack of decorum in the courtroom had deprived McLain of a fair trial and overturning the conviction.

«The safeguards of a fair trial in the criminal justice system are abandoned in Operation Nexus appeals, making it impossible for appellants to challenge police hearsay evidence,» says Colin Yeo, an immigration barrister.

In order to guarantee both the appearance and the substance of a fair trial in our neighbors» moments of greatest need,

Sheldon Sliver's corruption case cast a shadow over former Sen. Malcolm Smith's bribery trial on Friday — as defense attorneys complained that publicity about the scandal would rob the Queens Democrat of a fair trial.

As the BAD RAP experts and American Society for the Prevention of Cruelty to Animals (ASPCA) behaviorists tested the dogs over three days and nights, proponents of fair trials and temperament testing for dogs all around the country held their breath.

«Examined in the context of the whole trial, and taken together with the improper cross-examination of the appellant, the Crown's conduct was sufficiently prejudicial that it deprived the appellant of a fair trial,» he said.

Yet, this is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts.

One touchstone of a fair trial is an impartial trier of fact a jury capable and willing to decide the case solely on the evidence before it.

As a matter of basic principle, it is important for the maintenance of a fair trial, both for the prosecution as well as the defence, if material evidence is made available for forensic analysis.

Denis made the comment as a group called Mothers in Support of Fair Trials was protesting the fact current legal aid funding levels have denied subsidized lawyers to those receiving Assured Income for the Severely Handicapped.

While the Human Rights Committee has not determined that «extraordinary» tribunals or «special» courts are incompatible with the requirement that tribunals be established by law, it has taken the position that the provision is intended to ensure that any court, be it «extraordinary» or not, should genuinely afford the accused the full guarantees of fair trial set out in Article 14 of the International Covenant on Civil and Political Rights.

The only target of a DCP sentence is the previously convicted terrorist — someone for whom a death penalty has already been determined appropriate by a court of law at the conclusion of a fair trial and the expiry of all appeals.

It is pretty clear that any provisions that seek effectively to require answers after charge will be challenged as breaches of the fair trial provisions of the European Convention — for which argument there is significant precedent.

Liberty: Like JUSTICE, Liberty rejects the ideas in predictably strong terms: «It is no exaggeration to say that the proposals contained in the Justice and Security Green Paper will change that for all time, sweeping away centuries of fair trial protections.»

The trial judge's denial of a severance or a mistrial deprived Al - Enzi of a fair trial, both in appearance and in reality.

Did any legal error in the jury questions or the jury instructions deprive Mr. Sacks of a fair trial?

Witnesses may forget details as time passes, hurting the prospects of a fair trial.

«Secret justice» bill will mean no justice at all Shami Chakrabarti: National security doesn't mean we should jettison our proud tradition of fair trials — peers must oppose this bill

This ground of appeal was rejected by the EAT which held that it would only succeed if the conclusion of the tribunal was perverse and «once intimidation of this kind is found to have occurred, it will be a very exceptional case indeed where it can not be said that a finding of a fair trial is perverse».

The C.A. allowed the appeal and directed a new trial on the basis the judge's intervention undermined the appearance of a fair trial.

«Let us see what happens in terms of the review, but I very firmly believe that the values we have in this country of a fair trial, you should know what you're accused of, you shouldn't be locked up or put under house arrest.

Breaching the Act not only diminishes the likelihood of a fair trial, it also delays justice for victims and their families being served.

In such a scenario, there would be good reason to argue that concealing that witness's identity would not deprive a defendant of a fair trial.

The wry judicial litotes balanced against the desperation of the layman facing the same dense statutory provisions might lead the independent bystander to doubt the chances of a fair trial.

In every case, the accused's placement must permit him to make full answer and defence, but the issue is to be assessed on a case - by - case basis, having regard to the interests of a fair trial and courtroom security in the particular circumstances of the case.