Why Must Trials be Fair?

Abstract

Why should fairness be a dominant interest of criminal proceedings? Such questions are shocking, and asking them arouses perplexity. Fairness is quite an obvious value, unquestioned in law, criminal proceedings, in human rights and in everyday life. It is certainly not the purpose of this paper to cast any doubt upon the basic assumption that trials must be fair. However, there is a certain attractiveness in looking for an answer to a question when the answer appears to be obvious. There is also a chance that an analysis of the background of a norm will strengthen that norm and the motivation to respect it. Such a study may even add colour and contour to the norm and assist in its interpretation.

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