The Rationale and Reach 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:
The Rationale and Reach of Open Justice

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This chapter examines the rationale of public trial in the context both of different types of legal proceeding and of various procedures ancillary to trial. It considers the effect — or, rather, the surmised effect — on judge and witness of being subject to public scrutiny in the courtroom. It also discusses the effect on the public of the knowledge that they gain from the reporting of judicial proceedings in the media. Furthermore, consideration is also given to domestic tribunals which exercise ‘adjudicatory’ power over certain categories of person. The procedures considered in this chapter are preliminary to the trial proper, whether criminal or civil. It is necessary, finally, to consider a form of proceeding which, as the name ‘Reference’ suggests, is a variation on the standard trial procedure.

Keywords: public trial; public scrutiny; judicial proceedings; domestic tribunals; adjudicatory power; judge; witness

Chapter.  22384 words. 

Subjects: Criminal Law

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