The Right To A Public Trial

In any criminal case, the law allows for the accused to enjoy the right to a public trial which is contained in the sixth amendment. This ensures that the rights of speech, religion or press are enforced. However, the defendant can waive this right. Besides, the trial judge has the discretion of whether to open the courtroom for the public and the press. This is to protect witnesses, avoiding prejudice for either party or preserving order in the court, among other important issues. It’s the trial judge responsibility to ensure that the prejudicial publicity doesn’t override the defendant‘s right to a fair trial.

 

Why Are Public Trials Important?

When we talk about publicity, this is the involvement of even the disinterested spectators in the courtroom. If the judge denies you the right to a public trial, you may hire a criminal defence lawyer Torrance to help protect your rights. Some of the reasons why trials are made public include:

· It allows witnesses to present themselves: Witnesses have the chance to bring out their version of the story or help the public to see the unfolding of events either because they participated in the wrongdoing or used to explicate the facts to the judge. With this, the judge can decide whether the defendant is guilty or innocent.

· The public airing of facts helps to create accountability for the government and the defendant. 

· It demonstrates the accurate measure of democracy or rather how the court holds the principles of the constitution. This means that if the government keeps on winning cases, the system must be flawed or else they could be shying off from hard criminal cases.

· To eliminate perjury during trials: It’s unlikely for the defendant or the witnesses to lie in front of the members of the community. Swearing a false oath could mean an additional sentencing.

The bottom part is that the trial publicity allows the public to see why the defendant was accused of the crime and how the government treats such criminal cases. If you need to learn more about the criminal trial publicity, you can consult a criminal defense lawyer Torrance to enlighten you.

 

Why The Trial Judge May Order The Courtroom Be Closed In Criminal Proceedings

 When the judge orders disclosure, this means that the defendant won’t have a right to a public trial. The courtroom can be closed from the public due to various reasons. In some instances, the public is excluded because of limited space in the courtroom for purposes of freedom of movement or sanitary issues. You can meet Torrance criminal attorney if you believe the judge denied you a fair trial by failing to close the courtroom to avoid potential prejudice. Other instances where the judge may order courtroom closure include:

· Avoid intimidation of witnesses or unfair lineup procedure: This is a way to exclude the press from some areas of trial where there is sensitive information. For the lineup procedure, a witness is unlikely to identify a perpetrator in a lineup.  While this can be avoided, any defendant has a right to be represented by a lawyer during lineup.

· The likelihood of danger: This may be to people involved in the criminal case or the public at large. An example could be a trial of a convict who has been accused of attacking a corrections officer. Such trial proceedings can only be held inside the courtroom in prison,

If the judge has failed to consider the alternatives for the courtroom closure and you believe this may be a prejudice of your case or your rights have been violated, you can meet Torrance criminal attorney to help you understand the options available.