"It is impossible to have a public trial if you can't guarantee the safety of witnesses, judges or defense counsel"
About this Quote
Public justice is only as public as the people inside it feel safe enough to speak. Richard Goldstone, a judge forged in the high-stakes terrain of transitional justice and international tribunals, is drawing a hard boundary around what “open court” can realistically mean when violence or intimidation shadows the process. The line isn’t squeamish; it’s procedural realism. A trial can be televised, transcribed, and technically accessible, yet still be functionally corrupted if witnesses fear retaliation, if judges are targets, or if defense counsel can’t operate without harassment.
The specific intent is cautionary: don’t fetishize transparency as a virtue that overrides the basic conditions of due process. Goldstone is arguing that “public trial” is not a moral performance; it’s an institutional ecosystem. If any key actor is threatened, testimony gets tailored, evidence goes unoffered, counsel becomes timid, and verdicts start reflecting coercion rather than facts. The subtext is a rebuke to simplistic calls for maximal openness in politically charged cases, especially war-crimes or organized-crime trials where intimidation is not incidental but strategic.
Context matters because Goldstone’s career sits at the intersection of law and spectacle: trials meant to demonstrate legitimacy to the world. He’s pointing out the paradox that publicity can amplify danger, turning participants into targets and the courtroom into a stage for intimidation. The quiet claim underneath is that legitimacy comes not from visibility alone, but from the credible independence and safety that let adversarial testing actually occur.
The specific intent is cautionary: don’t fetishize transparency as a virtue that overrides the basic conditions of due process. Goldstone is arguing that “public trial” is not a moral performance; it’s an institutional ecosystem. If any key actor is threatened, testimony gets tailored, evidence goes unoffered, counsel becomes timid, and verdicts start reflecting coercion rather than facts. The subtext is a rebuke to simplistic calls for maximal openness in politically charged cases, especially war-crimes or organized-crime trials where intimidation is not incidental but strategic.
Context matters because Goldstone’s career sits at the intersection of law and spectacle: trials meant to demonstrate legitimacy to the world. He’s pointing out the paradox that publicity can amplify danger, turning participants into targets and the courtroom into a stage for intimidation. The quiet claim underneath is that legitimacy comes not from visibility alone, but from the credible independence and safety that let adversarial testing actually occur.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
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