Also known as:judicia publica · public trial · public judgment
Written by attorneys · grounded in primary & secondary sources — see below
A criminal proceeding under a public statute. The term originated in Roman law under the rule permitting any member of the public to initiate a prosecution.
Sources & Authorities
How it applies
Common Examples
6
Closed Courtroom During Trespass Trial
Jeanette Jensen faces criminal trespass charges after filming at a disaster site. The judge bars all public and press from the courtroom and releases only edited daily transcripts. The complete closure prevents any member of the public from observing the proceedings.
Selective Enforcement of Laundry Ordinances
Jacqueline Juarez operates a laundry business cited under a city ordinance applied only to Chinese operators. Public initiation of the prosecution highlights the discriminatory pattern that any member of the public could challenge through the open criminal process.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Yick Wo v. Hopkins118 U.S. 356 (1886)
Closure of Minor Victim Testimony
John Jones stands trial for sexual assault of a minor. The court closes the courtroom during the victim's testimony without specific findings. The public is excluded from a key portion of the criminal proceeding.
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Murder Trial Closed to Press
Jillian James is prosecuted for murder. The trial judge excludes all press and public from the entire trial citing publicity concerns. The blanket closure denies the public access to the criminal proceeding.
Richmond Newspapers, Inc. v. Virginia448 U.S. 555 (1980)
Information Filed Without Grand Jury
Judy Jacobs faces murder charges on an information rather than grand jury indictment. The public prosecution proceeds without the traditional popular assembly mechanism, testing whether the proceeding remains open to broader citizen participation.
Hurtado v. California110 U.S. 516, 528 (1884)
Defendant Represents Himself at Trial
Jessica Jacobs elects self-representation in her criminal case. The public trial proceeds with the defendant conducting her own defense, allowing any member of the public to observe the full criminal proceeding.
Faretta v. California422 U.S. 806 (1975)
Common questions
Frequently Asked
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What does judicium publicum mean in modern constitutional law?+
It refers to a criminal proceeding conducted openly under public authority. The Sixth Amendment right to a public trial preserves the historical principle that criminal prosecutions remain accessible to public scrutiny rather than conducted in secret.
Supporting sources
Does the right to a public trial extend to voir dire?+
Yes. The Sixth Amendment public trial guarantee covers the jury selection process. Courts must make reasonable efforts to accommodate public attendance during voir dire and may not exclude spectators without satisfying the four-part Waller test.
Supporting sources
When may a trial court close a criminal proceeding?+
Closure requires an overriding interest likely to be prejudiced by openness, a narrowly tailored order, consideration of reasonable alternatives, and specific findings on the record. Blanket closures based solely on publicity or victim privacy concerns fail this standard.
Supporting sources
Does the public trial right benefit only the defendant?+
No. While the right primarily protects the accused, it also serves structural interests by ensuring fairness, deterring misconduct by officials, and maintaining public confidence in the justice system.
Supporting sources
391 U.S. 145 (1968)Constitutional Law
…the Sixth Amendment provides in relevant part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Duncan v. Louisiana <!-- acedexams opinion md v1 -- Case information - Court:…