Individual and social negative effects of presence public and media in court hearings from critics' view of public trial

Subject Areas : Recent Developments in public law

Morteza  Rasteh ¹ (Graduate of Master of Criminal Law and Criminology, Faculty of Law and Political Science, Chalus Branch, Islamic Azad University, Chalus, Iran)
Ali  Ghorbani ² (Assistant Professor of Department of Law, Faculty of Law and Political Science, Chalus Branch, Islamic Azad University, Chalus, Iran.)

Received: 2023-04-04 Accepted : 2023-04-24 Published : 2023-06-22

Keywords: "People and media", "Public trial", "Fair proceedings", "Critics' view", "Negative effects",

Abstract :

Study of views presented in relation to public justice system shows fact that despite the fact that the publicity of the trial in international standards and the domestic laws of most countries it is one of the most basic components of fair proceedings and in a way one of the most important guarantees It is considered, but critics of public trials are opinion that Individual and social negative effects of presence of people and media in the court are also numerous and cause that there are still concerns regarding establishment of a fair hearing. In this regard, topics such as distortion of accused's defence right; Damage to dignity of victims certain crimes; Negative impact on some intuition; Negative effect on judge and weakening of his authority; Denying the principle of innocence due to prejudice and labeling; and also, Degradation of the criminal justice system, As a theoretical basis need to exclude people and media from attending court hearings has attracted attention of critics of the public justice system. This research, with a descriptive-analytical approach and use of library method, describes the position each of these issues from the perspective of critics of public trial.