Right to a Fair Trial
- December 31, 2009
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In the recent New Jersey decision in State v. O’Brien, the Court held that the Defendant was not provided a fair trial as the judge indicated, in front of the jury, a disbelief of the Defendant and his expert witness and indicated his support of an adverse witness.
One of the rights to which a criminal defendant is guaranteed is that of a fair trial. This is one of the most basic tenets of our legal system and must not be abrogated under any circumstances. In spite of the foundataional importance of this right within our legal system, as evidenced by the facts of State v. O’Brien, it is sometimes overlooked.
The trial process is complex as it requires that evidence be set forth in a specific manner whereby each piece of evidence or bit of testimony establishes the foundation for the next. Objections must be made, if appropriate, relating to matters of evidence as well as the questioning of witnesses by attorneys. Entering into this process without full knowledge thereof is beyond difficult and is the very reason why one is entitled to counsel in any trail in which he or she may be substantially deprived of liberties. Anyone facing a matter in court should seek the assistance of counsel in order to ensure that their right to a fair trial, as well as other legal rights, are preserved.
If you have any questions regarding your rights or need legal representation visit HeatherDarlingLawyer.com.