Open Justice: A Critique of the Public TrialOxford University Press, 2002 - 369 sivua 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. |
Sisältö
The Rationale and Reach of Open Justice | 29 |
Preliminary and Ancillary Procedures | 62 |
The Enforcement of Secrecy | 69 |
General Considerations | 87 |
E Live Television Links | 95 |
Challenging Courtroom Secrecy | 102 |
Issues Relating to Security | 117 |
Privacy and the Family | 158 |
157 | 202 |
Secrecy and Commercial Litigation | 215 |
Jury Secrecy | 235 |
The Reporting of Judicial Proceedings | 263 |
The Broadcasting of Judicial Proceedings | 303 |
Coda | 353 |
Index | 363 |
A Anonymity and the Presumption of Innocence | 170 |
Yleiset termit ja lausekkeet
accused administration of justice anonymity application basis camera Central Independent Television chambers Chapter civil Committee concerned confidentiality consideration contempt of court context conviction Court Act 1981 Court of Appeal courtroom Cr App Crim LR Criminal Justice Act criminal trial Crown Court decision Defamation Act 1996 defendant disclosure example exclusion favour guilty hearing House of Lords Human Rights ibid identity interest issue judgment judicial Juries Act 1974 jurisdiction jurors jury room Justice Act 1988 litigation magistrates matter McKenzie friend Newspapers Newspapers Ltd offence Official Secrets Act open court open justice particular parties person photograph plaintiff police possible present procedure proceedings prosecution protection provision public trial question rape regard relevant rule Scott v Scott secrecy section 41 Sexual Offences Amendment statutory take place testimony tion trial judge tribunal verdict witness
Viitteet tähän teokseen
The Journalist's Guide to Media Law: Dealing with legal and ethical issues Mark Pearson Esikatselu ei käytettävissä - 2007 |