Sentences with phrase «right to a fair trial»

An accused has a constitutional right to a fair trial and may raise concerns about race and discrimination if they identify it as an issue in their case.

It is difficult to disagree in the abstract with that court's analysis balancing the defendant's right to a fair trial against the public right of access.

The group said the risk of tougher punishment has intimidated defendants from filing legitimate challenges to their convictions, interfering with their constitutional right to a fair trial.

Such a commission could also determine the extent to which, if any, Taylor's fundamental right to fair trial under Article 17 of the Statute of the SCSL was impacted.

After summarising the CJEU's decision, the judgment notes that the response of the EU Court will be «of great utility» in determining the absolute content of the fundamental right to a fair trial as protected by the Constitution.

For example in STC 232/2015, the SCC found that a court had breached the fundamental right to a fair trial of an interim public employee by ostensibly refusing to apply clear and consistent CJEU case law regarding the prohibition of discrimination between interim and career public employees.

At noon, federal and state judges, lawyers and journalists explore the interplay of First Amendment rights when attending and reporting on criminal trials as well as the Sixth Amendment right to a fair trial, New York State Bar Association, 1 Elk St., Albany.

That the reliability («truth vs falsehood») of her observations, recollections and communication is a matter for the judge and / or jury thereby, preserving the accused rights to a fair trial and the victim's rights to be fairly and justly heard.

Where the trial judge is satisfied that an accused lacks the means to employ counsel, and that counsel is necessary to ensure a fair trial for the accused, a stay of the proceedings until funded counsel is provided is an appropriate remedy under s. 24 (1) of the Charter where the prosecution insists on proceeding with the trial in breach of the accused's Charter right to a fair trial...

Justice LeBel agreed «that ordering a new trial places demands on judicial resources,» however, «this can not override the appellant's right to a fair trial based solely on admissible evidence.»

«We are seeking ways to protect the administration of justice and the defendant's right to a fair trial while keeping to a minimum interference with the right of media organisations and private individuals to publish.»

Dominic Grieve QC says ensuring vulnerable are questioned by judges rather than barristers could harm right to a fair trial

According to reports in the Boulder Daily Camera and The Colorado Independent, lawyers objected that live - blogging and tweeting the sensational case could interfere with defendant Alex Midyette's right to a fair trial by tipping sequestered witnesses to proceedings in the courtroom.

Have jury consultants become so essential that a defendant's right to a fair trial hinges on having one provided?

«The defendant's right to a fair trial outweighed the manufacturer's claim of a trade secret,» Judge Henderson said during a hearing this week.

Access to Justice The right to a fair trial is a principle of fundamental justice in Canada.

Once the witness is allowed to testify, the ultimate protection of the accused's right to a fair trial lies in the rules governing admissibility of evidence and in the judge or jury's duty to carefully assess and weigh the evidence presented.

He also considered the parents» right to a fair trial under Art 6 of the European Convention on Human Rights and the right to respect for private and family life under Art 8.

Fair Trials International is a human rights organisation that works to improve respect of the fundamental human right to a fair trial.

ALBANY, NY (03/06/2017)(readMedia)-- A distinguished panel of federal and state judges, prosecutors and defense attorneys, journalists, and media lawyers will explore the interplay of First Amendment rights to attend and report on criminal trials and the Sixth Amendment right to a fair trial.

Firstly, the Supreme Court in Mentuck held that once information has entered the public domain of the courtroom, access to disseminate this information should be denied only where its publication would present a real and substantial risk to the proper administration of justice (e.g. a risk to the accused's section 11 (d) Charter right to a fair trial), and where the salutary effects of denying access outweigh the deleterious effects.

The Attorney General's Guidelines, Article 6 of the European Convention of Human Rights, and the common law right to a fair trial were all key limitations to the SFO's discretion and indeed were cited as potentially giving grounds in the future for a possible abuse of process application, if other remedies fell short of obtaining the material.

Facts of the case The Opinion of AG Bot under consideration deals with a similar conflict, namely between the Spanish constitutional right to a fair trial and the way in which that right is protected under Framework Decision 2009/299 and the Charter.

In STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case law.

Manafort, who faces two federal indictments, seeks a hearing about the source of leaked information that he said interferes with his right to a fair trial in Alexandria, Virginia, where Special Counsel Robert Mueller signed an indictment accusing him of bank and tax fraud.

«We urge the African Union and the wider international community, to challenge Sudan on its treatment of the pastors and its failure to protect and promote freedom of religion or belief and the right to a fair trial.»

Can I remind all concerned that Mr Huhne and Ms Pryce now stand charged with criminal offences and that they each have a right to a fair trial.

Article six, which guarantees the right to a fair trial, was violated in four separate ways, not least because of the lack of independence and impartiality shown by the high council of justice — the body responsible for appointing and dismissing judges.

The accused's right to fair trial must always be guaranteed and protected by the state.

There are also concerns those accused of criminal offences under Nexus are not being given the right to a fair trial.

The Geneva Convention allows them to be «detained or prosecuted under the domestic law of the detaining state for such action; subject of course to international treaties on justice and human rights such as everyone's right to a fair trial.»

Coulson's lawyer accused the prime minister of an «astonishing and unprecedented» intervention which endangered his client's right to a fair trial.

A six - day hearing will consider whether the restrictions placed on some subjects violate their right to liberty and the right to a fair trial.

«Every accused person has a right to a fair trial, which includes the right to be informed of the charge with sufficient detail to answer it.

«It will unfairly influence the jury and jeopardize the defendants» rights to a fair trial,» the letter said.

Former New York Assembly Speaker Sheldon Silver pleaded not guilty today to federal corruption charges as his lawyer accused U.S. Attorney Preet Bharara of turning the public against him and undermining his right to a fair trial.

The Law Society said: «It is a fundamental aspect of the right to a fair trial that the defendant in a criminal trial is able to challenge the evidence adduced against them.

The Law Society says that this clause goes against the principles of the right to a fair trial and potentially leaves the door open to anonymity becoming routine.

In his letter, Laufer argues Sugarman or someone at the state Board of Elections may have broken the law by leaking the memo, which could constitute interference with an ongoing law enforcement investigation, or could deprive people of their right to a fair trial.

«That the DC's refusal to give a ruling on the preliminary objections raised by the National Chairman's lawyers to the petition of the National Council of Elders and the DC by never at any time during its proceedings informing Mr Paul Afoko lawyers that the said petition was withdrawn but used as part of its basis to recommend the National Chairman's indefinite suspension violate his rights to a fair trial.»

While prosecutors are allowed to speak publicly to inform the public of criminal prosecutions, Silver's defense attorneys argued that the U.S. attorney had compromised their client's right to a fair trial.

The unanimous ruling by four justices says the appeal failed to show the dog's presence was impermissible under state law or impaired his right to a fair trial.

DOWNTOWN BROOKLYN — President Trump's deportation policies have immigration officers swooping into courthouses, making arrests in record numbers, and preventing legal citizens from exercising their right to a fair trial, according to allegations from New York Attorney General Eric Schneiderman.