What is a fair trial?

[stanleyg]

The Definition of fair, in any competition, means that the same exact rules apply to the contestants.

A criminal trial is a contest between disputing parties.

The Plaintiff initiates due process by giving a sworn statement to the police accusing the Defendant of committing a criminal offense.

The Defendant has the right to sign a sworn affidavit to controvert the charges of the Plaintiff.

The Criminal Court Clerk is obligated to place both legal documents on the docket to permit the Judge and/or jurors to hear both sides of the dispute.

If the officers of the court deny the right of the Defendant to controvert the charges of the Plaintiff, then the entire criminal proceeding is corrupted, no matter the outcome.

 

[leopold]

in a court of law the same exact rules do not apply to both parties.
the plaintiff has the burden of proof

for example you can not just say a person robbed a bank and expect that person to go to jail.
you the accuser must prove a crime was committed, the defendant was present and had a motive for the crime and that the defendant was capable of committing the crime.

 

[Fraggle Rocker]

You're thinking of a civil trial, in which both parties are treated more or less equally. In a criminal trial, the defendant has the advantage. That is one of the key points of the American legal system (not just ours, many others have it too). You are "innocent until proven guilty." The accuser must prove his case beyond reasonable doubt, not just to the point that it's 51 percent likely that you're guilty. In other legal systems the defendant is "guilty until proven innocent." There is an assumption that you wouldn't have been accused, arrested, and prosecuted unless you were caught doing something naughty, so you probably deserve to be punished anyway.