Is a fair trial possible ?

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gendun
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Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 10:54 am

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 ?
Gendun P. Brownlow.
Karma Kagyu student.

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Doshin
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Re: Is a fair trial possible ?

Post by Doshin » Thu Jan 10, 2013 11:23 am

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

_/\_
Knowing about dhamma, does not imply knowing dhamma

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badscooter
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Re: Is a fair trial possible ?

Post by badscooter » Thu Jan 10, 2013 11:36 am

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...
"whatever one frequently thinks and ponders upon will be the inclination of one's mind"

gendun
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Re: Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 11:38 am

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 ?
Gendun P. Brownlow.
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Doshin
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Re: Is a fair trial possible ?

Post by Doshin » Thu Jan 10, 2013 12:37 pm

gendun wrote: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 ?
gendun wrote: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
Knowing about dhamma, does not imply knowing dhamma

gendun
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Re: Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 12:43 pm

I am raising questions concerning complex issues. Not expecting simple answers.
Gendun P. Brownlow.
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SDC
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Re: Is a fair trial possible ?

Post by SDC » Thu Jan 10, 2013 2:55 pm

gendun wrote:I am raising questions concerning complex issues. Not expecting simple answers.
Due to your recent join date, I am sure :roll: 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
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Re: Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 3:21 pm

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 ?
Gendun P. Brownlow.
Karma Kagyu student.

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daverupa
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Re: Is a fair trial possible ?

Post by daverupa » Thu Jan 10, 2013 3:54 pm

http://www.humanrightsfirst.org/wp-cont ... _trial.pdf" onclick="window.open(this.href);return false;
The standards against which a trial is to be assessed in terms of fairness are numerous, complex, and constantly evolving.
  • "And how is it, bhikkhus, that by protecting oneself one protects others? By the pursuit, development, and cultivation of the four establishments of mindfulness. It is in such a way that by protecting oneself one protects others.

    "And how is it, bhikkhus, that by protecting others one protects oneself? By patience, harmlessness, goodwill, and sympathy. It is in such a way that by protecting others one protects oneself.

- Sedaka Sutta [SN 47.19]

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SDC
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Re: Is a fair trial possible ?

Post by SDC » Thu Jan 10, 2013 4:08 pm

gendun wrote: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
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Re: Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 5:11 pm

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.
Gendun P. Brownlow.
Karma Kagyu student.

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SDC
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Re: Is a fair trial possible ?

Post by SDC » Thu Jan 10, 2013 5:21 pm

gendun wrote: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
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Re: Is a fair trial possible ?

Post by gendun » Thu Jan 10, 2013 5:30 pm

No worries .

:anjali:
Gendun P. Brownlow.
Karma Kagyu student.

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