Chapter

The Elements of Open Justice

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print July 2002 | ISBN: 9780198252580
Published online March 2012 | e-ISBN: 9780191681387 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252580.003.0001
The Elements of Open Justice

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The subject matter of this book is the legal rule which requires courts and other bodies which discharge functions of a judicial nature to conduct their proceedings in public. While it covers civil and criminal proceedings alike, the demands imposed by the rule are generally viewed as particularly insistent with regard to the latter. A concern which permeates this work is the question of what values or interests are served by conducting trials in public. This chapter sketches the contents of open justice as an ideal and identifies the two possible forms of guarantee, as a constitutional right or at common law. Furthermore, the core element of open justice is identified as the confrontation. The three basic elements in the trial are also isolated and discussed here.

Keywords: criminal proceedings; trials; open justice; constitutional right; common law

Chapter.  15320 words. 

Subjects: Criminal Law

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