NCTJ Court Reporting Practice Exam

Why is the single justice procedure considered controversial?

1. It allows for jury trials

2. It undermines the principle of open justice

3. It increases the number of appeals

4. It protects defendant rights

The correct answer is: It undermines the principle of open justice

The single justice procedure is viewed as controversial primarily because it undermines the principle of open justice. Open justice is a foundational concept in legal systems that ensures court proceedings are accessible to the public, promoting transparency and accountability. In the single justice procedure, cases are typically handled in a more streamlined and less public manner, often allowing for decisions to be made without a full court hearing or the presence of the public, which can restrict scrutiny and diminish the effectiveness of judicial oversight. The reduction in transparency can raise concerns about fairness and due process, as less public involvement in proceedings may prevent important societal oversight over decisions made in the justice system. This focus on process over public engagement contributes to the controversy surrounding the single justice procedure, as stakeholders debate the implications for justice and the rights of defendants.