The common law system of justice has found cross-examination to be the essential touchstone of validation. In the civil law system used in most European countries, as I understand it, the magistrate acts as the prosecutor and judge, and cross examination is much more limited. I'm not even sure it is a guarantee.
As to the publicly, we have a basic principle that the state should do its work in public, that since government is of, by, and for the people, we don't accept secret tribunals or trials. Again, it's one of those trade-offs. Justice must not only be fair, it must be seen to be fair. That means giving you and me the right to watch the proceedings to ensure that justice is being done. |
