This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. I will reflect on the hiatus between the real justice as exercised in courtrooms and justice perceived by the public through media narratives, paying particular attention to the distortions of the so-called media trial and the resulting bias in the exercise of judicial power. Finally, we will consider possible solutions, which, in a perspective of striking a balance between the values at stake, may preserve the dignity of the individual, starting with the innovations introduced by Italian Legislative Decree No. 188 of 2021, implementing Directive 2016/343/EU on the presumption of innocence.

Caterina Scaccianoce (2022). Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial. In F. Biondo, G. La Rocca, & V. Trapani (a cura di), Information disorder: learning to recognize fake news. Peter Lang.

Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial

Caterina Scaccianoce
2022

Abstract

This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. I will reflect on the hiatus between the real justice as exercised in courtrooms and justice perceived by the public through media narratives, paying particular attention to the distortions of the so-called media trial and the resulting bias in the exercise of judicial power. Finally, we will consider possible solutions, which, in a perspective of striking a balance between the values at stake, may preserve the dignity of the individual, starting with the innovations introduced by Italian Legislative Decree No. 188 of 2021, implementing Directive 2016/343/EU on the presumption of innocence.
Settore IUS/16 - Diritto Processuale Penale
Caterina Scaccianoce (2022). Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial. In F. Biondo, G. La Rocca, & V. Trapani (a cura di), Information disorder: learning to recognize fake news. Peter Lang.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10447/564704
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