What is a Fair Trial?

Created by FindLaw's team of legal writers and editors | Last updated May 03, 2019

The term "fair trial" is often discussed as a necessary element to ensure that justice prevails in
society. Although the American criminal justice system is intended to provide a criminal
defendant with a fair trial, it can be difficult to ascertain what this means in practice. To
answer the question "what is a fair trial?" it's important to understand that the concepts of
fairness are primarily established by constitutional protections.

What is a Fair Trial: Foundation of Rights

The U.S. Constitution Bill of Rights (under the Sixth Amendment) guarantees the right to a
speedy trial with an impartial jury for criminal defendants in federal courts. The 14th
Amendment's Due Process clause extends these rights to state courts.

While the Constitution expressly outlines the right to a jury trial, it doesn't explicitly include
the right to a "fair trial." However, in guaranteeing other trial rights, the Constitution provides
the safeguards for a fair trial. Such rights include:

 The right to an impartial jury;

 The right to due process of law;
 The right to confront/call witnesses; and
 The right to legal counsel.

When any of these rights are violated, it can lead to the determination that a trial was unfair
and can result in the reversal of a verdict or the granting of a new trial.

Meaning of "Impartial Jury"

A criminal defendant is entitled to have a trial with an impartial jury of their peers. The
specific meaning of "impartial jury" isn't defined in the Constitution; rather, it was
established via tradition and case law and has evolved over time. Generally, it refers to jurors
not having a stake in the outcome of the case and not approaching the case with any bias
against the defendant.

Part of the "impartiality" of jurors has also been tied to having twelve jurors, although the
Supreme Court suggests that this specific number is a "historical accident" and less of a strict
requirement. However, because of the tradition and reliability of having a jury of twelve, it
certainly contributes to the appearance of fairness in a criminal trial.

The connection between media and the judicial system can also factor into a jury's
impartiality. While a media presence in courtrooms can threaten judicial fairness in general, it
can have an especially troublesome impact on securing a jury who doesn't have a bias or
prejudice against a defendant shaped by media reporting.

The Right to Due Process of Law

The right to due process prevents the government from arbitrarily infringing on an
individual's rights without some type of formal procedure. This is a broad area because due
process includes many different rights and requires the government to respect the legal rights
that the defendant is owed. In the context of criminal trials, the Supreme Court has found that
a denial of due process occurs when there's an absence of fairness such that it "fatally inflicts
the trial." For example, when the accused is compelled to appear before the jury clothed in
prison garb because the appearance in that attire might damage the accused's presumption of
innocence with the jurors.

The Right to Confront and Call Witnesses

The U.S. Constitution gives criminal defendants the right to confront their witnesses and
cross-examine them, but it also gives them the right to present evidence and call witnesses
who support their case. Sometimes there's a conflict between infringing on the rights of the
accused and following the rules of evidence or trial procedure. For example, a defendant may
be denied the ability to present testimony of witnesses about matters that were revealed out of
court on hearsay grounds, but the Supreme Court ruled that this could constitute a denial of
the defendant's rights.

The Right to Legal Counsel

Anyone facing criminal charges has the right to legal counsel. This means that they can
contact an attorney to find out about their rights and to have the attorney represent their legal
interests. Not only does the defendant have a right to have an attorney, but also the right to an
adequate defense. An attorney can fail in their duties by not providing representation that is
sufficient to ensure a fair trial, like failing to present exculpatory evidence or being under the
influence during trial.