Open Justice: A Critique of the Public Trial

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Oxford University Press, 2002 - Law - 369 pages
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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.
 

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Contents

Associated Newspapers Group plc 1989 1 WLR 322 85
12
The Rationale and Reach of Open Justice
29
The Enforcement of Secrecy
69
English 1983 1 AC 116 249
80
The Fragmentation of the Courtroom
87
Challenging Courtroom Secrecy
102
Issues Relating to Security
117
The Courts and National Security
130
Juvenile Justice
212
Commercial Arbitration
220
Jury Secrecy
235
Judd The Times 15 August 1994 247
247
The Reporting of Judicial Proceedings
263
Leveller Magazine Ltd 1979 AC 440 136
289
The Broadcasting of Judicial Proceedings
303
MGN 1997 1 All ER 456
312

Privacy and the Family
157
Mitigating the Deterrent Effect of Court Publicity
168
Divorce and Annulment of Marriage
191
Protection of Vulnerable Persons
199
Coda
353
Index
365
Copyright

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About the author (2002)


Joseph Jaconelli is Senior Lecturer in Law at the University of Manchester.

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