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The law school of America. 
Criminal procedure is the 

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adjudication process of criminal
law, while criminal procedure 

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differs dramatically by 
jurisdiction the process. 

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Generally begins with a formal 
criminal charge with the person 

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on trial. 
Either being free on bail or 

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incarcerated and results in the 
conviction or acquittal of the 

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defendant criminal procedure can
be either in the form of 

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inquisitorial or adversarial 
criminal procedure basic rights.

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Currently. 
In many countries with a 

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democratic system and the rule 
of law. 

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Criminal procedure puts the 
burden of Of proof on the 

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prosecution. 
That is it is up to the 

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prosecution to prove that the 
defendant is guilty Beyond any 

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reasonable doubt as opposed to 
having the defense prove that 

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they are innocent and any doubt 
is resolved in favor of the 

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defendant this provision known 
as the presumption of innocence 

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is required. 
For example, in the 46 countries

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that are members of the Council 
of Europe under article 6 of the

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European convention on human 
rights and it is included in 

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other human rights documents. 
However, in practice, it 

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operates somewhat differently in
different countries Basic rights

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also include the right for the 
defendant to know what offense, 

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he or she has been arrested for 
is being charged with and the 

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right to appear before a 
Judicial, official within a 

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certain time of being arrested, 
many jurisdictions also allow 

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the defendant the right to legal
counsel and provide any 

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defendant who cannot afford 
their own lawyer with a lawyer, 

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paid for at the public expense 
difference in criminal and civil

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procedures most countries. 
Make a rather clear distinction 

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between civil and criminal 
procedures. 

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For example, an English Criminal
Court May force a defendant to 

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pay a Fine. 
As punishment for his crime and 

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he may sometimes have to pay the
legal costs of the prosecution, 

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but the victim of the crime. 
Pursues is claim for 

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compensation in a civil, not a 
criminal action in France, 

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Italy, and many other countries,
besides the victim of a crime 

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known as the injured party may 
be awarded damages by a criminal

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court judge, the standards of 
proof are higher in a criminal 

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action than in a civil one. 
Since the loser risks, not only 

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financial penalties, but also 
being sent to prison or in some 

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countries execution. 
In English, law, the prosecution

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must prove the guilt of a 
criminal Beyond Reasonable 

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Doubt, but the plaintiff in a 
civil action is required to 

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prove his case on the balance of
probabilities. 

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Beyond Reasonable Doubt, is not 
defined for the jury, which 

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decides the verdict. 
But it has been said by appeal 

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courts, that proving guilt 
Beyond Reasonable Doubt requires

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the prosecution to exclude any 
reasonable hypothesis. 

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Consistent with innocence plumpy
are in a civil case. 

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However, the court simply weighs
the evidence and decides what is

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most probable criminal and civil
procedure are different. 

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And although some systems, 
including the English, allow a 

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private citizen to bring a 
criminal prosecution against 

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another citizen. 
Criminal actions are nearly 

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always started by the state 
civil actions. 

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On the other hand are usually 
started by individuals in 

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anglo-american law, the party, 
bringing a criminal action. 

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That is in most cases, the state
is called the prosecution, but 

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the party bringing a civil 
action is the plaintiff in both 

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kinds of action. 
The other party is known as the 

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defendant a criminal case in the
United States against Person 

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named Miss Sanchez would be 
entitled United States v short 

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for versus or against Sanchez if
initiated by the federal 

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government if brought by a state
the case would typically be 

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called State. 
V Sanchez or people. 

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V. 
Sanchez in the United Kingdom, 

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the criminal case would be 
styled are short for rex or 

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Regina. 
That is the king or queen V 

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Sanchez in both the United 
States and the United Kingdom, a

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civil action between Miss 
Sanchez, and a mr. 

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Smith would be Sanchez. 
V Smith started by Sanchez and 

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Smith V, Jesus begun by Smith 
evidence, given at a criminal 

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trial is not necessarily 
admissible in a civil action 

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about the same matter, just as 
evidence given in a civil cause 

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is not necessarily admissible on
a criminal trial. 

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For example, the victim of a 
road accident, does not directly

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benefit if the driver who 
injured him is found guilty of 

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the crime of careless driving. 
He still has to prove his case 

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in a civil action. 
In fact, he may be able to prove

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his civil case, even when the 
driver is found not guilty in 

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the criminal trial, if the 
accused has given evidence on 

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his trial, he may Cross-examined
on those statements in a 

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subsequent civil action 
regardless of the criminal 

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verdict. 
Once the plaintiff has shown, 

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that the defendant is liable. 
The main argument in a civil 

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court, is about the amount of 
money or damages, which the 

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defendant should pay to the 
plaintiff differences between 

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civil law and common law 
systems. 

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The majority of civil law 
jurisdictions civil law as a 

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type of law system. 
Not as opposed to criminal law, 

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follow an inquisitorial system 
of adjudication in which judges 

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undertake an active 
investigation of the claims by 

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examining the evidence at. 
The trial while other judges 

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contribute likewise by preparing
reports in common law systems. 

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The trial judge presides over 
proceedings grounded in the 

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adversarial system of dispute 
resolution, where both the 

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prosecution and the defense 
prepare arguments to be 

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presented. 
Before the court, some civil law

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systems. 
Have adopted adversarial 

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procedures, proponents of either
system tend to consider that 

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their system defends best the 
rights of the innocent. 

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There is a tendency in common 
law countries to believe that 

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civil law or inquisitorial 
systems do not have the 

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so-called presumption of Sense 
and do not provide the defense 

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with adequate rights conversely.
There is a tendency in countries

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with an inquisitorial system to 
believe that accusatorial 

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proceedings unduly favor, Rich, 
defendants who can afford large 

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legal teams and are very harsh 
on poor. 

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Defendants, a fair trial is a 
trial, which is conducted fairly

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justly and with procedural, 
regularity by an impartial judge

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various rights associated with a
fair trial or explicitly 

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proclaimed in article, 10 of the
universal. 

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Declaration of Human Rights, the
Sixth Amendment to the United 

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States Constitution. 
Institution and article 6 of the

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European Convention of human 
rights as well as numerous other

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constitutions and declarations 
throughout the world. 

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There is no binding 
international law that defines. 

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What is not a fair trial. 
For example, the right to a jury

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trial and other important 
procedures vary from Nation to 

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nation, definition in 
international human rights law. 

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The right to Fair trial is very 
helpful to explore in numerous 

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declarations which represent 
customary international law such

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as the universal Declaration of 
Human Rights. 

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Udhr though the you HR 
enshrined, some Fair trial 

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rights such as the presumption 
of innocence, until the accused 

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is proven guilty in articles, 
six, seven, eight and 11. 

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The key provision is article 10,
which states that everyone is 

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entitled in full equality to a 
fair and public hearing by an 

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independent and impartial 
tribunal in the determination of

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his rights and obligations and 
of any criminal charge against 

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him. 
Some years after the udhr was 

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adopted the right to a fair 
trial was defined in more detail

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in the international Covenant, 
on civil and political rights, 

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it /. 
Or the right to a fair trial as 

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protected in articles, 14 and 16
of the it /, which is binding 

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and international law in those 
states that are party to it 

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article 14. 
One establishes the basic right.

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To a fair trial article, 14 to 
provides for the presumption of 

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innocence and article 14, three 
sets out a list of minimum, Fair

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trial rights and criminal 
proceedings article 14, 5 

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establishes. 
The right of a convicted person 

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to have a higher Court review, 
the conviction or sentence and 

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article 14 7 prohibits, Double 
Jeopardy article, 14, It's that 

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all persons shall be equal 
before the courts and tribunals 

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in the determination of any 
criminal charge against him or 

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of his rights and obligations in
a suit at law. 

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Everyone shall be entitled to a 
fair and public hearing by a 

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competent independent and 
impartial tribunal established 

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by law, the press, and the 
public may be excluded from all 

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or part of a trial for reasons 
of morals, public order or 

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National Security in a 
Democratic Society where when 

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the interest of the private 
lives of the party. 

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So requires order the extent 
strictly necessary. 

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In the opinion of the art in 
special circumstances where 

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publicity would Prejudice the 
interests of justice, but any 

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judgment rendered in a criminal 
case or in a suit at law shall 

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be made public. 
Except where the interest of 

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juvenile persons otherwise 
requires or the proceedings 

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concern matrimonial disputes or 
the guardianship of children 

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Geneva conventions, the Geneva 
conventions, GC and their 

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additional protocols APS require
that any prisoners of War facing

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a Judicial proceeding, receive a
fair trial, for example, 

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articles 102 to 108 of the 1940.
I'm third. 

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Geneva Convention detail 
requirements for the fairness of

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Trials, against prisoners of 
War. 

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Other Provisions, require a fair
and regular trial safeguards of 

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proper trial and defense an 
impartial and regularly 

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constituted Court respecting. 
The generally recognized 

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principles of regular judicial 
procedure a regularly, 

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constituted court affording. 
All the judicial guarantees 

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which are recognized as 
indispensable by civilized 

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peoples and Court. 
Offering the essential 

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guarantees of Independence and 
impartiality, definition and 

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Regional Human Rights law. 
The right to a fair. 

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Our trial is enshrined In 
Articles 37 and 26 of the 

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African Charter on human and 
people's rights at Spur. 

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The right to a fair trial is 
also enshrined In Articles, 5, 6

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and 7 of the European convention
on human rights and articles, 

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224 of the seventh protocol to 
the convention, the right, to a 

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fair trial as furthermore, 
enshrined In Articles, 3, 8 9, 

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and 10 of the American 
convention on human rights 

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relationship with other rights, 
the right to equality before the

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law is sometimes regarded as 
part of the right to a fair 

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trial, It is typically 
guaranteed under a separate 

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article in international human 
rights. 

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Instruments. 
The right entitles individuals 

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to be recognized as subject, not
as object of the law, 

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international human rights law 
permits, no derogation or 

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exceptions to this human, right 
closely related to the right to 

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a fair trial as the prohibition 
on ex post facto law or 

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retroactive law. 
Which is enshrined in human 

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rights. 
Instruments separately from the 

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right to Fair trial and cannot 
be limited by States. 

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According to the European 
convention on human rights and 

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the American convention on 
human. 

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One rights Fair trial rights the
right to a fair trial has been 

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defined in numerous Regional and
international human rights 

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instruments. 
It is one of the most extensive 

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human rights and all 
international human rights 

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instruments and Shrine it in 
more than one article. 

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The right to a fair trial is one
of the most litigated human 

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rights and substantial case law 
that has been established on the

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interpretation of this human 
right. 

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Despite variations in wording 
and placement of the various 

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Fair trial rights. 
International human rights 

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instruments to find the right to
a fair trial and broadly, the 

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same terms. 
The aim of the right is to 

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ensure the proper administration
of justice. 

209
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As a minimum, the right to Fair 
trial, includes the following 

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Fair trial rights in civil and 
criminal proceedings. 

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The right to be heard by a 
confident independent and 

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impartial tribunal the right to 
a public hearing, the right to 

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be heard within a reasonable 
time. 

214
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The right to counsel and the 
right to interpretation States, 

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May limit the right to a fair 
trial or derogate from the fair 

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trial rights only under 
circumstances specified. 

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In the human rights instruments 
in civil and criminal 

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proceedings. 
The European Court of human 

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rights in the inter-american 
court of human rights have 

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clarified that the right to a 
fair trial applies to all types 

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of judicial proceedings, whether
civil or criminal, according to 

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the European Court of Human 
Rights Article, 6 of the 

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European convention on human 
rights and the fair trial rights

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apply to all civil rights and 
obligations created under 

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domestic law and therefore to 
all civil proceedings refer to a

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pay all those oh Tina covet sage
and others V hungry 2000 in 

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administrator. 
Seedings both the European Court

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of Human Rights and the 
inter-american court of human 

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rights have clarified. 
That the right to a fair trial 

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applies not only to judicial 
proceedings but also 

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administrative proceedings. 
If an individual's right under 

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the law is at stake, the 
dispute. 

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Must be determined through a 
fair process in special 

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proceedings in Europe. 
Special proceedings may also be 

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subject to article 6 of the 
European convention on human 

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rights in Mills V. 
The United Kingdom 2001, the 

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European Court of Human Rights 
held that a court-martial was It

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to article 6 because the 
defendants have been accused of 

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what the court considered to be 
serious crime, assault with a 

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weapon and wounding, the African
Commission on human and people's

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rights each per frequently deals
with instances, where civilians 

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are Tried by military tribunals 
for serious crimes. 

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The h / has held that on the 
face of it. 

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Military courts do not satisfy 
civilians. 

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Right? 
To a fair trial, refer to 

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constitutional rights project V 
Nigeria in this respect the h, /

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has reaffirmed the right to 
counsel as essential in 

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guaranteeing a fair trial the h 
/ held that The visuals have the

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right to choose their own 
counsel and that giving the 

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Military Tribunal, the right to 
veto a council violates the 

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right to a fair trial in the 
United Kingdom, right? 

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To a fair trial in the United 
Kingdom is guaranteed by 

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article, 6 of The Human Rights 
Act 1998 between 1971 and 1975. 

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The right to a fair trial was 
suspended in Northern Ireland. 

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Suspects were simply imprisoned 
without trial and interrogated 

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by the British army, for 
information, this power was 

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mostly used against the Catholic
minority The British government 

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supplied deliberately misleading
evidence to the European Court 

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of human rights when it 
investigated this issue in 1978,

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the Irish government and human 
rights group Amnesty, 

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International requested that the
echr reconsider the case. 

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In December 2014, 3 court, cases
related to the Northern Ireland 

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conflict that took place in, 
Mainland, Britain in 1975 and 

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1976 have been accused of being 
unfair resulting in the 

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imprisonment of the Birmingham. 
Six Guildford, four and McGwire 

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seven. 
These convictions were late. 

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Overturned though an 
investigation into allegations 

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that police officers, perverted 
the course of Justice failed to 

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convict anyone of wrongdoing. 
The United Kingdom created an 

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act, the special immigration 
appeals act in 1997, which then 

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led to the creation of the 
special immigration appeals 

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commission siac. 
It allowed for secret evidence 

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to be stated in court. 
However, it provides Provisions 

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for the anonymity of the sources
and information itself. 

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The judge has the power to clear
the courtroom of the public and 

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press and the appellant if need 
be if sense. 

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It've information must be 
relayed, the appellant is 

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provided with a special Advocate
who is appointed in order to 

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represent their interests. 
However, no contact can be made 

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with the appellant after seeing 
the secret evidence. 

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Zack is mostly used for 
deportation cases and other 

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cases of public interest. 
Secret evidence has seen 

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increased use in UK courts. 
Some argue that this undermines 

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the British criminal justice 
system. 

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As this evidence may not come 
under proper Democratic 

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scrutiny. 
Secret evidence can now be used 

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in wide range of cases, 
including His hearings control 

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00:14:01,000 --> 00:14:04,200
orders proceedings, parole board
cases asset, freezing 

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00:14:04,200 --> 00:14:07,200
applications pre-charge, 
detention hearings and terrorism

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cases, employment tribunals and 
planning tribunals in England 

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and Wales the origin of right, 
to Fair trial. 

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And right, to be heard, can be 
traced back in the Magna Carta 

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00:14:15,900 --> 00:14:21,400
act, 1215 article, 39 of the ACT
speaks about Fair, trial and 

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Punishment by a competent Court 
after the trial, jury's and a 

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00:14:24,800 --> 00:14:27,600
fair trial. 
The rationale for a jury was 

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that it offers a check against 
state power. 

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Under article 6 of the echr, the
right, to a fair trial, implies 

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that the accused and public must
be able to understand the 

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00:14:36,300 --> 00:14:39,600
verdict trials. 
Decided by jury, as they do not 

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00:14:39,600 --> 00:14:42,100
provide reasons for their 
decision, therefore, do not 

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00:14:42,100 --> 00:14:45,700
allow for this in tax KV 
Belgium, a violation of article 

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00:14:45,700 --> 00:14:49,200
61 was found the court. 
Also implied a right to a reason

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verdict irrespective of whether 
that was given by a judge or a 

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00:14:52,300 --> 00:14:55,400
jury. 
Under echr case law, jury 

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00:14:55,400 --> 00:14:58,100
decisions can also be 
problematic in circumstances, 

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where juries draw adverse? 
Rinses from trial, judge's, 

307
00:15:00,900 --> 00:15:04,900
directions, in contravention of 
article 63 B and C. 

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00:15:05,100 --> 00:15:08,800
The law school of America, the 
content used in the podcast is 

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00:15:08,800 --> 00:15:11,900
licensed by the Wikimedia 
Foundation Incorporated under a 

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00:15:11,900 --> 00:15:15,300
Creative Commons 
attribution/share-alike license.

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The text has been modified for 
audio the content of these 

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podcasts is for informational 
purposes only and do not 

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00:15:23,100 --> 00:15:27,200
constitute professional advice. 
These podcasts are not 

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00:15:27,200 --> 00:15:30,900
associated with the Wikimedia 
foundation in Any context that 

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Louis School of America?