Open Justice: A Critique of the Public Trial

Hardcover | July 1, 2002

byJoseph Jaconelli

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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 riseof 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, nationalsecurity, 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 betweenit and other important interests.

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From the Publisher

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 riseof the modern media, especially television,...

Joseph Jaconelli is Senior Lecturer in Law at the University of Manchester.
Format:HardcoverDimensions:412 pages, 9.21 × 6.14 × 1.1 inPublished:July 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198252587

ISBN - 13:9780198252580

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Table of Contents

1. The Elements of Open Justice2. The Rationale and Reach of Open Justice3. The Enforcement of Secrecy4. Issues Relating to Security5. Privacy and the Family6. Secrecy and Commercial Litigation7. Jury Secrecy8. The Reporting of Judicial Proceedings9. The Broadcasting of Judicial ProceedingsCodaAppendix

Editorial Reviews

`This is an interesting and challenging book ... This is a practical work about systems of justice, and it is the result of wide-ranging learning and fresh thought.'Andrew Edis QC, Times Higher Education Supplement