15- Problems/Difficulties With System

Question 1

List 3 problems faced by individuals when using the legal system.

Answer 1

1. Delays
2. Costs
3. Social and cultural differences

Question 2

Explain some delays associated with the legal system.

Answer 2

Some delays are necessary- parties require time to prepare their case.

However, some detrimental delays are:

• parties deliberately delaying proceedings to cause financial and mental hardship
• courts lack funding / resources to carry out justice
• court is not always sitting (Supreme Court has a 6 week break over Christmas)

Question 3

How do delays impact the effectiveness of the legal system?

Answer 3

Fairness

• witnesses may forget information in the wait for a trial
• accused may be held in remand for extended periods of time and denied their liberty (crim)

Access

• specialist witnesses may charge more
• plaintiff may experience financial hardship if waiting a long time for compensation (civil)

Question 4

Explain some costs associated with the legal system.

Answer 4

Expenses associated with the legal system:

• court fees
• legal representatives (solicitors/barristers)
• opponent’s expenses (if unsuccessful in civil disputes)
• the average cost of legal representation is, per case:
• $10,000 in the county court
• $20,000 in the Supreme Court.

Question 5

Explain the system of legal aid.

Answer 5

Since 2008, demand for legal aid has progressively increased. As a result, VLA (Victorian Legal Aid) have been forced to reduce the number of people who are eligible for their services.

These cuts came into effect in April of 2013.

Question 6

How does the cost impact the effectiveness of the legal system?

Answer 6

Fairness

• people who aren’t eligible for legal aid may still be unable to achieve fair outcome
• quality of legal representation depends on the price- therefore not true equality

Access
- puts financial strain on the parties

Question 7

Explain social and cultural differences involved in the legal system.

Answer 7

Differing laws and legal procedures (such as bail, adversary system) are not present in all countries, can cause confusions or misunderstandings such as:

• the translation of oral evidence from non-English speaking witnesses
• misinterpretation of body language

Question 8

Provide an example of social and cultural differences in the legal system.

Answer 8

This is demonstrated with Indigenous Australians.

In Koori culture ‘eye contact and asking direct questions can be discourteous’. However in current Australian society, lacking these expressive skills can be misinterpreted as furtiveness or guilt.

Question 9

How do social and cultural differences impact the effectiveness of the legal system?

Answer 9

Fairness

• creates inequality and therefore injustice in the system
• eg, Indigenous Australians make up only 3% of the population, but comprise 27% of Australia’s total prison population in 2013.

Access
- these differences make justice and often a fair trial inaccessible