fair and impartial trial

fair and impartial trial
A hearing by an impartial and disinterested tribunal; a proceeding which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial consideration of evidence and facts as a whole. A basic constitutional guarantee contained implicitly in the Due Process Clause of Fourteenth Amendment, U.S. Constitution. One where accused's legal rights are safeguarded and respected. Raney v. Commonwealth, 287 Ky. 492, 153 S.W.2d 935, 937, 938.
A fair and impartial trial by a jury of one's peers contemplates counsel to look after one's defense, compulsory attendance of witnesses, if need be, and a reasonable time in the light of all prevailing circumstances to investigate, properly prepare, and present the defense. One wherein defendant is permitted to be represented by counsel and neither witnesses nor counsel are intimidated. One wherein no undue advantage is taken by the district attorney or any one else. People v. Nationwide News Service, 172 Misc. 752, 16 N.Y.S.2d 277, 279.
One wherein witnesses of litigants are permitted to testify under rules of court within proper bounds of judicial discretion, and under law governing testimony of witnesses with right in parties to testify, if qualified, and of counsel to be heard. It requires that the jury chosen to sit in judgment shall have no fixed opinion concerning the guilt or innocence of one on trial. Lane v. Warden, Md. Penitentiary, C.A.Md., 320 F.2d 179, 185.
There must not only be fair and impartial jury, and learned and upright judge, but there should be atmosphere of calm in which witnesses can deliver their testimony without fear and intimidation, in which attorneys can assert accused's rights freely and fully, and in which the truth may be received and given credence without fear of violence. Raney v. Commonwealth, 287 Ky. 492, 153 S.W.2d 935, 937, 938.

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • fair and impartial trial — n. A trial or hearing before a court or jury that has no preconceived notions about the matter and that will hear testimony and examine evidence before making a decision. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks …   Law dictionary

  • fair and impartial trial — A hearing by an impartial and disinterested tribunal; a proceeding which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial consideration of evidence and facts as a whole. A basic constitutional guarantee …   Black's law dictionary

  • fair and impartial trial — A guaranty of due process, requiring a competent and impartial tribunal, the right to be represented by counsel, the right to cross examine adverse witnesses, the right to offer testimony on one s own behalf, and the right to have such advance… …   Ballentine's law dictionary

  • fair and impartial jury — Jury chosen to hear evidence and render verdict without any fixed opinion concerning the guilt, innocence or liability of defendant. Means that every member of the jury must be a fair and impartial juror. City of San Antonio v. McKenzie Const. Co …   Black's law dictionary

  • fair and impartial jury — Jury chosen to hear evidence and render verdict without any fixed opinion concerning the guilt, innocence or liability of defendant. Means that every member of the jury must be a fair and impartial juror. City of San Antonio v. McKenzie Const. Co …   Black's law dictionary

  • impartial trial — See fair and impartial trial …   Ballentine's law dictionary

  • fair — adj 1: characterized by honesty and justice: free from self interest, deception, injustice, or favoritism a fair and impartial tribunal 2: reasonable as a basis for exchange a fair wage a fair valuation 3: consistent with merit or importance …   Law dictionary

  • trial — A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction. Tittsworth v. Chaffin, Mo.App., 741 S.W.2d 314, 317. A judicial examination, in… …   Black's law dictionary

  • impartial jury — The provision of the Bill of Rights (Sixth Amendment to Const, of U.S.) requiring that the accused shall have a fair trial by an impartial jury, means that the jury must be not partial, not favoring one party more than another, unprejudiced,… …   Black's law dictionary

  • impartial jury — The provision of the Bill of Rights (Sixth Amendment to Const, of U.S.) requiring that the accused shall have a fair trial by an impartial jury, means that the jury must be not partial, not favoring one party more than another, unprejudiced,… …   Black's law dictionary

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