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From: Hank Voegtle
Date: 2/22/98
Time: 8:10:18 PM
Remote Name: 38.217.62.132
It must be remembered that the judiciary serves two distinct purposes. On the criminal side it provides a platform whereby the state seeks to impose punishment on individuals charged with violating certain norms which have enacted as crimes; hence the need for openness helps insure that the criminal law is not abused.
On the civil side, the courts are provided as a means to settle and resolve disptes. In such a system, the role of the judiciary is to provide a neutral forum for the parties. If the parties do not desire public aceess to their dispute then they can utilize alternative devices such as arbitration as a forum. Likewise, there are also devices, such as sealing of records, which will serve the same purpose. Because the litigants have chosen to resort to a public forum, they have a reduced expectation of privacy.