LLB160 Lecture Notes - Lecture 10: Audi Alteram Partem, True Justice, Adversarial System
Document Summary
A foundational concept of true" justice is natural justice. Which focuses on the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem): arguments for how social media assists the pursuit of true" justice. A facet of true" justice is ensuring that the public understands and has access to adversarial processes. Pop-culture text the good wife" in its episode doubt" exemplifies the prominent role of subjectivity within jury deliberations. It foreshadowed potential ignorance"s of jury members regarding trial processes and their role as jurors. Particularly, what relevant facts they should take into account in making their decision. Conclusively it portrayed the jury as an institution governed by human emotion, seemingly inconsistent with their duty as deliberators of guilt and innocence. On the other hand, duff argues that the beyond reasonable doubt standard in a criminal trial ensures that the accused is only convicted on certainty.
