Legal Definitions - Jedburgh justice

Jedburgh justice refers to a situation where a punishment or adverse action is taken against an individual *before* they have had the opportunity for a fair trial, a proper hearing, or a thorough investigation to determine their guilt or innocence. It describes a process where the outcome (punishment) precedes the due process that should establish the facts and culpability. Essentially, it's a reversal of the principle that one is presumed innocent until proven guilty, where the judgment is rendered before the evidence is fully heard.

• Example 1: A company's CEO is accused of financial mismanagement. Before any internal audit is completed or the CEO is given a chance to respond to the allegations, the board of directors immediately terminates their employment and publicly announces their dismissal, citing the unverified accusations.

  Explanation: This illustrates Jedburgh justice because the severe "punishment" (termination and public dismissal) was imposed based on an accusation, without the CEO first receiving a fair hearing or an investigation to establish the facts and allow for a defense.

• Example 2: In a small town, a local resident is widely suspected of vandalism after a series of incidents. Without any police investigation or formal charges, some community members decide to ostracize the individual, refusing them service at local businesses and spreading rumors that damage their reputation.

  Explanation: Here, the "punishment" (social ostracism and reputational damage) is meted out by the community based on suspicion, long before any legal process could determine guilt or innocence, which is characteristic of Jedburgh justice.

• Example 3: During a school disciplinary hearing for a student accused of cheating, the principal announces the student's suspension and academic penalty at the very beginning of the meeting, before allowing the student or their parents to present their side of the story or any mitigating evidence.

  Explanation: This scenario demonstrates Jedburgh justice because the disciplinary "punishment" (suspension and penalty) was declared and effectively decided before the student was given a proper opportunity to be heard or for the evidence to be fully considered, undermining the fairness of the process.