The military court, consisting of serving military officers,does not meet the fundamental requirement under international law of being acompetent, independent, and impartial court. Trials have violated the basic fairtrial rights of defendants to obtain counsel of their choice, prepare and presenta defense, receive a public hearing, not incriminate themselves, and appeal aconviction to a higher court. More than a dozen of those convicted over thelast year have been sentenced to death and executed, magnifying the harm tobasic rights.
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The limited access to military court documents and proceedings,security concerns making trial monitoring throughout Somalia difficult, andfear of reprisals kept this report from being a full assessment of militarycourt practices and policies. Rather it offers an overview of some of the mostpressing due process concerns.
A basic fair trial requirement is the right to be triedbefore an impartial and independent tribunal. Independence of judges refers totheir appointment and security of tenure, conditions governing promotion andtransfer, and freedom from outside interference, particularly from theexecutive branch.[43]
In the trial of all criminal cases, whether the same be felony or misdemeanor cases, the court may, in its discretion, exclude from the trial any persons whose presence would impair the conduct of a fair trial, provided that the right of the accused to a public trial shall not be violated.
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Judges issue gag orders to ensure a fair trial, to facilitate efficient administration of justice, and to prevent prejudicial information from reaching the jury pool. If prosecutors use the press to broadcast inadmissible material in court to jurors, such as the administration of polygraph tests or results, then defendants may be denied their right to an impartial jury.
Furthermore, proponents claim that the harm caused by such disclosures may hinder the fair administration of justice. Prejudicial press coverage of trials may even undermine public confidence in the judiciary and in jury verdicts. In the Oklahoma City bombing trial of Timothy McVeigh, Chief Judge Richard Matsch ordered all lawyers, law enforcement officials, and court personnel involved in the case to avoid making statements outside of the courtroom about the jury and the trial proceedings.
In form, "12 Angry Men" is a courtroom drama. In purpose, it's a crash course in those passages of the Constitution that promise defendants a fair trial and the presumption of innocence. It has a kind of stark simplicity: Apart from a brief setup and a briefer epilogue, the entire film takes place within a small New York City jury room, on "the hottest day of the year," as 12 men debate the fate of a young defendant charged with murdering his father.
The film shows us nothing of the trial itself except for the judge's perfunctory, almost bored, charge to the jury. His tone of voice indicates the verdict is a foregone conclusion. We hear neither prosecutor nor defense attorney, and learn of the evidence only second-hand, as the jurors debate it. Most courtroom movies feel it necessary to end with a clear-cut verdict. But "12 Angry Men" never states whether the defendant is innocent or guilty. It is about whether the jury has a reasonable doubt about his guilt.
The movie plays like a textbook for directors interested in how lens choices affect mood. By gradually lowering his camera, Lumet illustrates another principle of composition: A higher camera tends to dominate, a lower camera tends to be dominated. As the film begins we look down on the characters, and the angle suggests they can be comprehended and mastered. By the end, they loom over us, and we feel overwhelmed by the force of their passion. Lumet uses closeups rarely, but effectively: One man in particular--Juror No. 9 (Joseph Sweeney, the oldest man on the jury)--is often seen in full-frame, because he has a way of cutting to the crucial point and stating the obvious after it has eluded the others.
His appeal alleges he was denied his constitutional right to receive a fair trial with an impartial jury. It includes seven points and requests a reversal on both convictions and a dismissal of the charge of third degree rape.
A spokesperson for Weinstein provided a press release to NBC News on April 5, which claims the court "woefully neglected its obligations" to give the Oscar winner a fair trial. Therefore, his team asserts that his 23-year sentence is unconstitutional.
The release concluded with the message, "With a juror who had already prejudged the case against Mr. Weinstein and a trial judge intent on denying him a fair opportunity to defend himself, a verdict of guilt was inevitable."
The authorities took measures to respond to the Covid-19 pandemic and to promote the right to health. Ten girls and women were pardoned for abortion-related offences. Violations of the rights to a fair trial, freedom of expression and privacy continued, alongside enforced disappearances, allegations of torture and excessive use of force. People suspected of genocide were prosecuted and convicted.
Paul Rusesabagina was convicted of terrorism offences in September, following a trial and pretrial period marred by serious fair trial violations. Alongside 20 co-accused, he was tried in relation to attacks by the National Liberation Forces, a group he had previously pledged support for. After his unlawful transfer from Dubai to Kigali on 28 August 2020, he disappeared for four days, during which time, according to his lawyers, he was tortured. He was then held in incommunicado detention for three days. The lawyer appointed by his family was denied access to him for his first six weeks of detention, during which time he was represented by two pro bono lawyers. The prison authorities inspected and confiscated privileged and confidential documents brought to him by his lawyers. This practice continued despite a court ruling that documents related to the case should not be confiscated (although other documents unrelated to the case could first be inventoried by the prison authorities). This ruling was the only action taken by the court to attempt to remedy the fair trial violations. From 12 March onwards, Paul Rusesabagina did not attend hearings because he believed his fair trial rights would not be respected.1
Fair report. Libelous statements made by others in certain settings often are conditionally privileged if the reporter, in good faith, accurately reports information of public interest. This privilege usually applies to material from official meetings such as judicial proceedings, legislative hearings, city council meetings and grand jury deliberations. In most states, accurate reports of arrests, civil and criminal trials and official statements made to, by and about law enforcement officials are privileged. Reports of this nature must be accurate and fair in order for the reporter to invoke the fair report privilege, and it is advisable that the reporter explicitly attribute the information to the official source.
One interesting aspect of this area of the law is that while courts have been clear that prior restraints will rarely survive scrutiny even when national security concerns are raised, courts seem to be most willing to allow restraints when the administration of a trial is at issue, or when fair trial rights are implicated.
The U.S. Supreme Court has never decided whether the public has a First Amendment right of access to civil proceedings. However, most federal appeals courts and state courts have held that civil cases are presumed to be public under the First Amendment.24 Nonetheless, civil litigants often argue that publicity will jeopardize their fair-trial rights. Parties in civil cases also may argue that open proceedings would reveal trade secrets, confidential business information or other private matters. They may argue that the court should close the proceeding or seal documents to prevent competitors or others from acquiring this sensitive information.
WAUKESHA, Wis. (CBS 58) -- Lawyers for a man accused of driving an SUV into the Waukesha Christmas Parade in 2021 are concerned their client will be unable to get a fair trial if it is held with jurors from Waukesha County.
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