Protecting the Right to a Fair Trial in the 21st Century - Has Trial by Jury Been Caught in the World Wide Web?

Criminal Law Journal, Vol. 36, No. 2, 2012

U of Melbourne Legal Studies Research Paper No. 662

21 Pages Posted: 17 Oct 2013

See all articles by Jacqui Horan

Jacqui Horan

University of Melbourne - Law School

Roxanne Burd

Independent

Date Written: October 16, 2013

Abstract

The growing availability of information is challenging the right to a fair trial in the 21st century. For decades courts have maintained the integrity and impartiality of the jury by shielding jurors from pre-trial publicity. However, as the traditional forms of media have expanded into the world wide web, it has become increasingly difficult to control both the dissemination of information and the conduct of jurors. This article explores the level of prejudicial impact of publicity on high profile trials. Remedies to alleviate such an impact are discussed.

Keywords: fair trial, criminal law, jury

JEL Classification: K00, K14

Suggested Citation

Horan, Jacqui and Burd, Roxanne, Protecting the Right to a Fair Trial in the 21st Century - Has Trial by Jury Been Caught in the World Wide Web? (October 16, 2013). Criminal Law Journal, Vol. 36, No. 2, 2012, U of Melbourne Legal Studies Research Paper No. 662, Available at SSRN: https://ssrn.com/abstract=2341436

Jacqui Horan (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Roxanne Burd

Independent

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