Topic > The concept of fair trial - 1481

“The right of the criminal accused to a fair trial is absolute... The right to a fair trial is a right that both the guilty and the innocent can enjoy, for a defendant is presumed innocent until proven guilty in a fair trial” (Randall v. R. (Cayman Islands), 2002). The concept of due process is self-explanatory; it simply means an impartial process that is carried out to ensure that each party involved in a case has their fundamental right which ensures they are entitled to their due. The scenario provided raises issues of contempt of court, rule of sub judice and code of ethics for media professionals. This essay will expose the issues mentioned above, discuss whether the comments made by Speek Owt are legitimate or not, and point out the consequences he and Scandal FM will face. The law dealing with contempt in Caribbean jurisdictions is generally held to be common law, except in Guyana, where there is a law on contempt of court. Common law offenses are established by courts over the years where no legislation exists, i.e. they arise from case law. According to Crone (2002), contempt of court refers to improper interference with the administration of justice. Its origin lies in the rule of law, according to which the court must be free to decide matters before it, unhindered by external influences. Posting a contempt can be a criminal or civil contempt. At common law, there are three crimes of criminal contempt. This includes interference with pending or impending legal proceedings, contempt of court, and scandalizing the court. Speech Owt's contempt offense interferes with pending or impending legal proceedings. It's something like... middle of paper... contempt of court and contempt of parliament. (n.d.). Unpublished raw data, Caribbean Institute of Media and Communications, University of the West Indies, Mona. Kingston, Jamaica.Crone, T. (2002). Law and media. (4th ed.). Woburn, MA: Focal Press.Daley, V. (2014). Law of Contempt [Online forum content]. Retrieved March 12, 2014, from ourvle.mona.uwi.edu. POUS report. (2008). Forum on contempt of court and media advertising. London, England. Press Association of Jamaica Code of Ethics. (2005). Retrieved March 12, 2014, from http://www.pressassociationjamaica.org/wp-content/uploads/2010/07/Code-for-Media-Practitioners.pdfDisclosure: A Jamaican protocol. (n.d.). Retrieved March 13, 2014, from http://dpp.gov.jm/sites/default/files/pdf/Disclosure%20-%20A%20Jamaican%20Protocol.pdf