- Sub judice
In
law , "sub judice",Latin for "under judgment," means that a particular case or matter is currently under trial or being considered by ajudge orcourt . The term may be usedsynonym ously with "the present case" or "the case at bar" by somelawyer s.In
England and Wales ,New Zealand ,Australia ,India andCanada it is generally considered inappropriate to comment publicly on cases "sub judice", which can be an offence in itself, leading tocontempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases "sub judice" may constitute interference withdue process .In the
United States , there areFirst Amendment concerns about stifling the right of free speech which prevent such tight restrictions on comments "sub judice". However, State Rules of Professional Conduct governing attorneys often place restrictions on the out-of-court statements an attorney may make regarding an ongoing case. Furthermore, there are still protections for criminal defendants and those convicted in an atmosphere of a circus have had their convictions overturned for a fairer trial.
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