Definition of 'Fair Trial'

From NSwiki, the NationStates encyclopedia.
Jump to: navigation, search

Resolution Text

UNITED NATIONS RESOLUTION #47
Definition of ‘Fair Trial’
A resolution to increase democratic freedoms.

Category: The Furtherment of Democracy Strength: Significant Proposed By: Ninjadom

Description: A statute entitled "Fair Trial" was passed on Sunday, July 13, 2003. However, this statute is vague. All it does it suggest that a 'fair trial' be given, but it never states exactly what a fair trial is.

Thus, it shall be amended that a fair criminal trial shall be defined as one which: 1. Is speedy and efficient. 2. Entitles all defendants to a functional defense. 3. Allows all defendants to confront the witnesses against that defendant. 4. Presumes all defendants to be innocent until proven guilty beyond a reasonable doubt. 5. Is held in the venue from which the crime was committed. 6. Entitles a defendant to a jury of his or her peers. 7. Is held before an impartial judge whom shall apply the law as it is read. 8. That renders verdicts which are proportional to the crime. 9. Makes the trial open to the public and media. 10. Entitles the defendant the right to wave any of the above rights or clauses without reason.

It shall also be amended that a fair civil trial shall be defined as a trial that: 1. Is held before a judge that benefits from neither party's results at trial. 2. Awards compensation to one party only if a preponderance of evidence exists. 3. Allows all parties in a court superior to (but not equal to) Small Claims Court the right to hire private counsel as representation. 4. That renders verdicts which are proportional to the infraction.

As such: all litigants, plaintiffs, prosecutors, and varying degrees of defendants will benefit and allow for a clearer interpretation of United Nations law so that due process shall be upheld, making the legal system fairer for all people.

Votes For: 12,556
Votes Against: 6,283
Implemented: Sat Feb 14 2004


Additional materials