Fact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term
trier of factA trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
generally denotes the same function. The process is an extremely important part of the communication process.
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Fact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term
trier of factA trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
generally denotes the same function. The process is an extremely important part of the communication process.
History
Fact-finding was first established during the Hague Convention of 1907 which dealt with international commissions of inquiry.
Declaration on Fact-finding by the United Nations
On 9 December 1991, the
General AssemblyFor two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
of the
United NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
approved the
Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security. The resolution emphasized
...that the ability of the United Nations to maintain international peace and security depends to a large extent on its acquiring detailed knowledge about the factual circumstances of any dispute or situation.
and
to encourage States to bear in mind the role that competent organs of the United Nations can play in ascertaining the facts in relation to disputes or situations.
There is also a range of fact-finding procedures in the
United NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
relating to serious violations of human rights and humanitarian law, as well as fact-finding on the crimes of aggression, genocide, war crimes and crimes against humanity which is carried out by the
International Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. Professor
Lyal S. SungaProfessor Lyal S. Sunga is an internationally renowned specialist on international human rights law, international humanitarian law and international criminal law.-Career:...
discusses how UN human rights special procedures fact-finding can help the International Criminal Court find facts and how the two should be made complementary.
Triers of fact
Fact finders often have the job of determining what facts are available and their relevancy.
The position of fact finder is determined by the type of proceeding. In a jury trial, it is the role of a jury in a jury trial. In a non-jury trial, the judge sits both as a fact-finder and as the trier of law. In administrative proceedings it may be a hearing officer or a hearing body.