Open Justice: A Critique of the Public Trial

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.

Table of Contents:
1: The Elements of Open Justice 2: The Rationale and Reach of Open Justice 3: The Enforcement of Secrecy 4: Issues Relating to Security 5: Privacy and the Family 6: Secrecy and Commercial Litigation 7: Jury Secrecy 8: The Reporting of Judicial Proceedings 9: The Broadcasting of Judicial Proceedings Coda Appendix

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

Review :
`... remarkable ... contains a useful, critique on the Report of the Bar Council (British), which adds to the value of the work because it deals directly with televising in courts.' The Hindu, India `... excellent book ... its author is to be congratulated for writing a scholarly work which raises important issues fundamental to the administration of justice.' Legal Studies `This [book] concerns an area of real political interest. The technicalities are readily understood. I do not know what is taught on media studies courses (which is a sign of age, not disdain), but this book could be included on such syllabuses, and read by editors, broadcasters and journalists as well as lawyers.' Andrew Edis QC, Times Higher Education Supplement `The role of academic works such as this is to survey the field, to sum up the state of the law as it is, and to inform and guide decisions in future cases. This book does this admirably and casts light on what has hitherto been an unlit and unvisited area.' Andrew Edis QC, Times Higher Education Supplement `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