What Is a Fair Trial?

A fair trial is a fundamental right in the American legal system. While fair trial protections apply in both civil and criminal contexts, the U.S. Constitution provides specific guarantees in criminal cases, including the right to an impartial jury, due process, and legal counsel.

The right to a fair trial is an essential aspect of the justice system. But what does a fair trial really mean?

This article examines and explains the origins of the right to a fair trial. It also discusses the specific rights derived from the United States Constitution and how these rights help guarantee you have a fair trial. As civil trials differ in significant ways, we will limit our discussion to fair trial rights in criminal law.

If you are facing a criminal charge, consider consulting a criminal defense lawyer. Your attorney can help craft a strong defense strategy while protecting your right to a fair trial.

What Does the Right to a Fair Trial Really Mean?

At times, it seems as if the right to a fair trial is nothing but a list of rights criminal defendants have at trial. For example, most people know that criminal defendants can plead the Fifth if they don’t want to answer questions posed by the prosecutor. This right emanates from the constitutional right against self-incrimination.

While defendants do have a multitude of legal rights during trial, the idea of a fair trial means much more than simply honoring a person’s constitutional rights. Saying that individuals deserve a fair trial means that the legal system will operate fairly, impartially, and justly. It means the government won’t abuse its power to accuse someone of a crime and then punish them for it.

The notion of a fair justice system dates back to 1215, when the Magna Carta was signed. It promised that all individuals have a fundamental human right to a fair trial by jury when facing criminal charges. This idea was further bolstered by the Universal Declaration of Human Rights in 1948. This declaration guaranteed all humans the right to a fair trial. To best understand exactly what a fair trial means and why it’s so important to criminal defendants, let’s examine the core principles behind this right.

Core Principles Behind the Right to a Fair Trial

It’s easy to imagine what would happen if the government were allowed to lock people up without affording them a fair trial before an impartial jury. This is not much different from envisioning a society where police officers and other members of law enforcement could arrest people without probable cause.

It is this notion of public order that is in place to prevent the government and law enforcement from behaving in this way. The right to a fair trial similarly guarantees that criminal defendants have a chance to have a jury of their peers review the evidence and decide whether the defendant is guilty.

Some of the core principles behind the idea of a fair trial include:

• Presumption of innocence
• Right to legal representation
• Impartiality
• Transparency and accountability
• Confidence in the criminal justice system
• Truth and justice
• Prevent an abuse of power by the government

For the person facing a criminal conviction, these principles may offer little comfort. However, knowing that the right to a fair trial exists and that the legal system must operate in a way that honors this right is what maintains the rule of law and justice.

Constitutional Foundations of a Fair Trial

Many of the rights that help guarantee a criminal defendant a fair trial emanate from the U.S. Constitution. Others emanate, either directly or indirectly, from the following sources:

• International Covenant on Civil and Political Rights (ICCPR)
• European Convention on Human Rights
• United Nations and Human Rights Organizations
• Common law

While these other sources don’t directly apply to American trials, state and federal courts base the right to a fair trial on general jurisprudence.

Most federal criminal trial rights come from the Constitution and its Sixth Amendment. These same rights apply to the state courts by way of the Fourteenth Amendment’s Due Process Clause.

While the Constitution expressly guarantees the right to a jury trial, it does not explicitly include the right to a fair trial. By requiring other trial rights, the Constitution provides the safeguards for a fair trial.

Such rights include:

• The right to an impartial jury
• The right to legal counsel
• The right to a speedy trial

Some of the other constitutional rights a criminal defendant has at trial include the right to cross-examine witnesses, the right to due process, and rights against self-incrimination and double jeopardy. Let’s see what those protections entail:

The Right to an Impartial Jury

A criminal defendant is entitled to a trial with an impartial jury of their peers. However, the Constitution does not define an impartial jury. Instead, case law established its meaning over time. In general, it refers to jurors who survive jury selection and do not have a stake in the case’s outcome. It also assumes they approach the case without any bias against the defendant.

Part of the impartiality has also been tied to the presence of 12 jurors. The Supreme Court suggests that this specific number is a historical accident, so it’s not exactly a strict requirement. However, the tradition and reliability of having a jury of 12 contribute to the appearance of fairness in a criminal trial.

The connection between the media and the judicial system can also factor into a jury’s impartiality. Media presence in courtrooms can threaten judicial fairness and have an especially troublesome impact on securing an unbiased jury.

The Right to Legal Counsel

Anyone facing criminal charges has the right to legal counsel. This means they can contact an attorney to find out about their rights and have legal representation throughout criminal proceedings.

A defendant also has the right to an adequate defense. An attorney can fail in their professional duties by failing to provide sufficient representation to ensure a fair trial. For example, an attorney may fail to present exculpatory evidence, which could prove a defendant’s innocence.

The Right to a Speedy Trial

The Sixth Amendment guarantees the right to a speedy trial. This prevents the government from holding a defendant indefinitely. It also ensures the court holds the public hearing with evidence that has not degraded over time.

The court may dismiss the case if the trial does not occur within a reasonable time. However, the Constitution does not set definite guidelines as to what constitutes a speedy trial. The general standard is that the trial must occur within a reasonable time. 

Some states have passed laws that set specific deadlines to hold a trial. If a state does not have such guidelines, it resorts to the constitutional default of “as soon as reasonably possible.” A defendant may waive their right to a speedy trial to allow adequate time to prepare their defense. An experienced attorney can advise on whether waiving the right to a speedy trial is the best option in a given case. 

Examples of Fair Trial Violations

All criminal defendants are entitled to a fair trial. Below are a few practical examples of fair trial violations:

• Jury bias: This can occur when a defense attorney learns that a juror had a personal relationship with the victim and didn’t disclose it during voir dire. The judge would have no choice but to declare a mistrial given the juror’s potential bias against the defendant.
• Withholding evidence: The prosecutor in a criminal case may fail to turn over a piece of exculpatory evidence. This is known as a Brady Violation and is grounds for appeal. Had the state turned this evidence over to the defense, there is a chance the defendant would have secured an acquittal.
• Ineffective assistance of counsel: A defense attorney may fail to call a witness who could have provided the defendant with an alibi. All defendants, even indigent ones, have the right to counsel. In this situation, the defendant may have a claim of ineffective assistance of counsel. Had the attorney called this witness, they might have raised reasonable doubt in the jury’s eyes.

Other violations are possible as well.

What Happens When a Trial Is Unfair?

Not getting a fair trial is one of the primary grounds for filing an appeal. If you can prove that the state violated this right, the appellate court can either reverse your conviction or remand your case to the lower courts for a new trial. Either of these options is much better than a criminal conviction.

The appellate court may find that the lower court didn’t violate your right to a fair trial and affirm your conviction. You must establish that the lower court erred in making an important ruling, and this error was enough to violate your right to a fair trial.

If the government violates any of the rights discussed here, a judge may find that an accused person’s trial was unfair. This can result in an appellate court reversing a verdict or remanding the case for a new trial.

Concerns About the Right to a Fair Trial? Get an Attorney’s Help

Fair trials are an essential part of the U.S. judicial system. They are a vital component of a democratic society and help further the interests of justice. Furthermore, a fair hearing is a human right recognized by countries worldwide. 

If you’re facing criminal charges and worry that you may not get a fair trial, contact a criminal defense lawyer near you. An experienced criminal defense attorney will protect your rights and work hard to secure an acquittal or a favorable plea bargain.