Fair. The Fourteenth artwork from the Law on the Wall series by Lawyers Arts Club.

The title Fair is taken from the Human Rights Act 1998. Article 6.

THE SIGNIFICANCE OF A SINGLE WORD

“One word is enough for a wise man”. This idiom dates back to the 1500s, and has been interpreted in many ways over the years. Do you see it in the sense that one word is all you need to be wise? Or even that you are wise if one word is all that it takes for you to understand? Whatever it means to you one thing stays the same. The significance of a single word.

WHY FAIR ?

We are the only ones who have the ability to make this world fair. We wish to be treated fairly by other individuals, we are expected to act fairly in life. However, with discrimination, poverty, world hunger and even innocent people currently incarcerated it bodes the question. Do we act fairly in an already unfair world?

WHAT LAW IS ON THE WALL?

The legal context in this act showcases the significance of the word fair. It represents the importance that a fair trial must be held before conviction. A person has the right to be heard and tried by a completely unbiased judge or jury.

Human Rights Act 1998. Article 6. Right to a fair trial 1 in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

THE ACT ENABLED WOMEN TO HOLD PUBLIC OFFICE.

The law enshrined the right fought for by females oppressed by the dominant male led society. There are few things that are certain in life and females fought to be on equal ground as one of two.

THE TRIAL OF THE CHICAGO SEVEN

8 members of a peaceful protest in 1968 were identified as responsible for crossing the border to incite a riot. The anti-Vietnam war protest was quickly turned into a riot as police used tear gas, batons and physical force to stop the protestors from moving. The group of wrongly accused were subject to a 4 month trial spearheaded by Judge Julius Hoffman. From the beginning Hoffman was evidently on the side of the prosecution, actively interrupting the defence to insult the appearance of the defendants. At the end of proceedings Hoffman cited the defendants and their lawyers with 152 contempts of court. William Kuntsler, the defence attorney was sentenced to 4 years in prison for accidentally referring to the judge as Mr Hoffman instead of Your Honour. Abbie Hoffman, one of the accused received an 8 month prison sentence for laughing in court.

BOBBY SEALE

Bobby Seale, a co-founder of the Black Panthers had no links to the other 7 on trial. Seale’s attorney was ill and unable to represent his client therefore Bobby requested that the trial be postponed so he could have fair representation. Hoffman refused this request as well as not allowing Seale to represent himself. After protesting this for being illegal and racist, Hoffman ordered that Seale should be bound, gagged and tied to his chair. Seale was kept like this for a few days until the judge was forced into declaring a mistrial. Hoffman still sentenced Seale to 4 years imprisonment for contempt of court, despite him being treated illegally and unfairly since the trial began.

YOUR HUMAN RIGHTS

Everyone should know their human rights to help us identify when we are being treated fairly or not. According to the Human Rights Act 1998, we are entitled to:

• Right to life

• Freedom from torture and inhuman or degrading treatment

• Freedom from slavery and forced labour

• Right to liberty and security

• Right to a fair trial

• No punishment without law

• Respect for your private and family life, home and correspondence

• Freedom of thought, belief and religion

• Freedom of expression

• Freedom of assembly and association

• Right to marry and start a family

• Protection from discrimination in respect of these rights and freedoms

• Right to peaceful enjoyment of your property

• Right to education

• Right to participate in free elections

• Abolition of the death penalty

WHY IS FAIR IMPORTANT IN 2021 AN BEYOND?

To be fair is to be understanding of a situation, it is to be balanced and allowing everyone an equal chance. In the current climate social dynamics are shifting on a a daily, more and more people are finding the courage to stand up for what is right. In the ever ongoing battle against racism, sexism, homophobia and transphobia, those who want to speak are given the chance because of people being fair.

FAIR MATTERS

The criminal justice system is in the spine of any country. The right to a fair trial is what could see an innocent person walk away from a lifetime in prison, or preventing an individual from committing crime more. The phrase innocent until proven guilty highlights just how fair the process is. People should not be condemned by the eye of the law unless they have been proven to have done wrong.

THE COURT ROOM

Many of us have seen a courtroom in TV shows and movies. From Jim Carey in Liar Liar to Law & Order to Judge Rinder. However for you to fully understand fair, it is crucial to understand who in a courtroom is making the verdict. In England and Wales there is a 35% chance that you will be summoned for jury duty. If you are selected then you are legally obliged to attend and be a part of the unbiased jury. To make it as fair as possible the jury are limited to only discuss the trial with other jurors in the deliberation room. It is only after the trial has finished that you are allowed to discuss what happened in the courtroom.

THE JUDGE

The judge sits at the head of the courtroom, and is the public official vested with the authority to hear, determine, and preside over legal matters. In jury cases the judge is there to pass the sentence, inform the jurors of the laws and maintain a sense of decorum in the courtroom. However ultimately the verdict comes down to the jury, a decision that the judge cannot overrule. In Civil Law cases the trial is usually inquisitorial, meaning that the judge is doing the questioning and will determine the verdict based on the facts that arise.