9 - Imitating Inquisition: Dialectical Bias in Protestant Prison Writings

Summary

Today, a fair trial is regarded as a basic human right. Article ten of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution and Article six of the European Convention of Human Rights define the right to a fair trial in broadly the same terms. These include the defendant's right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, adequate time and facilities to prepare his or her defence, access to legal representation, the right to examine witnesses against them (or to have them examined) and the right to the free assistance of an interpreter. The ultimate aim of these provisions is to ensure the proper administration of justice. It is important to note, however, that the way this is achieved is by establishing a set of rules in which adversarial dispute is controlled. The aim of the provisions is that both defence and prosecution should have an equal chance to argue their cases, that their arguments are heard by an unbiased judge or jury, that the defendant is not merely the subject of questioning, nor that he is tricked into responding in a certain way without the chance of having a legal representative who can step in.