Is a fair trial possible ?

[gendun]

Three of the five defendants in the Indian rape trial are claiming that their confessions were made under torture. It it easy to think " well they would claim that wouldnt they ? ".
But what if it is true ?
Where does the moral high ground lie then ?
Did they " ask for it ? "
And in any case torture or not, is it possible for them to have a fair trial ?
Furthermore is it possible to ask these questions without an implication that one is condoning rape ?

[Doshin]

...

Fair, by who's measurement-stick ? The victim, the suspect, the victims family, the suspects family, ... ?

_/\_

[Billymac29]

Is a fair trial possible ?

My opinion "no" you cant have a fair trial now a days.. This is the problem with the USA.. Justice and fairness are not the same...

[gendun]

By the internationally accepted criteria of a fair trial in a democratic country.
Which largely assumes innocence until guilt is proved.
Is this assumption possible in light of the publicity which surrounds this trial ?

[Doshin]

By the internationally accepted criteria of a fair trial in a democratic country.
Which largely assumes innocence until guilt is proved.

What about those who don't accept that definition, would it be fair to force them to "accept" that ? And if a person is proved innocent, based on evidence gained via torture, would that be fair ?

I think this subject is a case, where you seek a black/white answer to a very complex situation. You could ask yourself, who's treatment you want to be fair, and who should find it fair ?

Is this assumption possible in light of the publicity which surrounds this trial ?

I don't have the insight in matters surrounding that trial, to make judgement about it's fairness.

_/\_

EDIT: inserted a missing "ask" in sentence

[gendun]

I am raising questions concerning complex issues. Not expecting simple answers.

[SDC]

I am raising questions concerning complex issues. Not expecting simple answers.

Due to your recent join date, I am sure you are not aware that a thread on this topic went south a few days ago resulting in some bitter feelings between members. So considering the sensitivity of this issue, I ask you this simple question - what is the point of starting this topic on a Buddhist forum?

[gendun]

No I did not know that this topic has a history. And if it offends proprieties then I hope the moderators will intervene.
Having said that how can a topic like this NOT be appropriate on a Buddhist website per se ?
Do we live in a different world to the rest of humankind ?

[daverupa]

http://www.humanrightsfirst.org/wp-cont ... _trial.pdf

The standards against which a trial is to be assessed in terms of fairness are numerous, complex, and constantly evolving.

[SDC]

No I did not know that this topic has a history. And if it offends proprieties then I hope the moderators will intervene.
Having said that how can a topic like this NOT be appropriate on a Buddhist website per se ?
Do we live in a different world to the rest of humankind ?

I didn't say it wasn't appropriate, I was just curious about your motives.

I hope the conversation yields something positive and I hope you get what you want from it.

[gendun]

I read the reports and watched the tv footage and asked myself what chance the defendants have of a fair trial, and I felt for them. That was more or less it.

[SDC]

I read the reports and watched the tv footage and asked myself what chance the defendants have of a fair trial, and I felt for them. That was more or less it.

Right on. Sorry if I jumped the gun.

[gendun]

No worries .