"Fundamental fairness" is a concept which, by necessity, defies exact definition. As a general rule, however, a trial lacks fundamental fairness where there are errors which call into question the reliability of the outcome.
Monday, February 07, 2005
Fairness, Reliability (Accuracy) & Due Process
Tennessee v. Ferguson, 2 S.W.3d 912, 914 n. 3 (Tenn. 1999):