¿Qué hacemos con los juicios paralelos?

Parallel trials are an expression of freedom of speech on matters of public interest; they are not an act of trial by media or public shaming. The issue is that these trials are not truly parallel but misaligned, because they affect the presumption of innocence. Parallel trials may distort the presumption of innocence, the evidence, and judicial impartiality. To address this clash of constitutional values, both flawed and effective strategies have been proposed. Among the former are the criminalization of parallel trials, the postponement of trials, acquittal, and the disqualification of judges. A better path includes the enforcement of confidentiality duties for officials and parties, the prohibition of witness interviews, the mitigation of penalties in extreme cases, and the partial or total suppression of the jury.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Jury Decision Making Processes
Type
article
Field-Weighted Citation Impact
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article

¿Qué hacemos con los juicios paralelos?

Dialnet (Universidad de la Rioja)
Jury Decision Making Processes
article

¿Qué hacemos con los juicios paralelos?

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Abstract

Parallel trials are an expression of freedom of speech on matters of public interest; they are not an act of trial by media or public shaming. The issue is that these trials are not truly parallel but misaligned, because they affect the presumption of innocence. Parallel trials may distort the presumption of innocence, the evidence, and judicial impartiality. To address this clash of constitutional values, both flawed and effective strategies have been proposed. Among the former are the criminalization of parallel trials, the postponement of trials, acquittal, and the disqualification of judges. A better path includes the enforcement of confidentiality duties for officials and parties, the prohibition of witness interviews, the mitigation of penalties in extreme cases, and the partial or total suppression of the jury.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 34%
Jury Decision Making Processes
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¿Qué hacemos con los juicios paralelos? · Dialnet (Universidad de la Rioja) (2025) | TGRS Research Map | TGRS