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It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.
This book investigates the inherent conflict between the principle of open justice and the competing societal interests that necessitate the restriction of public access to legal proceedings. Joseph Jaconelli, a legal scholar, examines the historical and contemporary justifications for public trials within the framework of English law. He analyzes how modern media influence and evolving standards of privacy, security, and witness protection challenge the traditional transparency of the courtroom. The work provides a systematic evaluation of the legal mechanisms used to balance these competing values.
What You Will Find
Legal scholars and practitioners recognize this text as a comprehensive examination of the tensions within modern judicial transparency. Experts highlight the book as a foundational resource for understanding the practical limitations placed on the public trial in contemporary legal systems.
Page Count:
360
Publication Date:
2002-09-05
Publisher:
Oxford University Press
ISBN-10:
0198252587
ISBN-13:
9780198252580
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