Subjects:

General Interest

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

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.