Final answer:
A practitioner may request a fair hearing in a criminal matter, particularly concerning the accused's right to a competent and impartial trial, the admissibility of evidence, or the effectiveness of legal counsel as seen in landmark cases such as Strickland v. Washington.
Step-by-step explanation:
A practitioner can request a fair hearing under various circumstances related to the judicial process and a defendant's rights. One critical situation is if it involves a criminal matter, where the accused has the constitutionally guaranteed right to a fair and speedy public trial by an impartial jury. Additionally, practitioners may request a fair hearing if there is a question of the accused's competence to stand trial or under instances where ineffective assistance of counsel is claimed, and it has potentially impacted the outcome of the case.
In the landmark case Strickland v. Washington, the court set a two-pronged test for determining ineffective assistance: counsel's performance must be shown as deficient, and this deficiency must have affected the trial's outcome. Furthermore, in cases like Padilla v. Kentucky, the court noted the importance of defendants being informed about certain consequences of their pleas, such as deportation risks.
Another circumstance where a fair hearing might be requested relates to the admissibility of evidence, ensuring defendants can confront witnesses against them and have the assistance of counsel for their defense. The rights to legal representation and a competent defense are underscored by cases like Gideon's Trumpet and Dusky v. United States, ensuring that all people, regardless of their ability to pay, could be represented by a state-employed public defender.