4.1 The Principles of Justice Flashcards
Criminal Justice System
a set of processes and institutions used to investigate and determine criminal cases.
Accused
a person charged with a criminal offence
Victim
a person who has suffered directly or indirectly as a result of a crime
Fairness
Oxford Def.
one of the principles of justice; in VCE legal Studies; fairness means all people can participate in the justice system and its processes should be impartial and open.
Presumption of Innocence, Appeals, Jury, Judge
Common Law
law made by judges through decisions made in case. Also known as case la or judge-made law (as opposed to statute law).
Bias
a prejudice or lack of objectivity in relation to one person or group
Apprehended Bias
a situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case (e.g. a judge or magistrate) might not bring an impartial mind to the case
Victoria Legal Aid (VLA)
Oxford Def.
A government agency that provides free legal advice to all members of the community at a low-cost or no-cost legal representation to some people who can’t afford a lawyer.
Victim Impact Statement
a statement filled with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence
Plea Negotiations
(in criminal cases, pre-trail discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)
Equality
one of the principles of justice in VCE Legal Studies, equality means people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all people to engage with the justice system without disparity or disadvantage
Community Legal Centre (CLC)
Oxford Def.
an independent community organisation that provides free legal services to people who are unable to pay for those services. Some are generalist CLC’s and some are specialist CLC’s.
Oath
a solemn declaration by which a person swears the truth on a religious or spiritual belief. Without the religious or spiritual belief, it is called an affirmation.
Disparity
a situation in which two or more things or people are not equal, and the inequality causes unfairness.
Fairness
SOK
Whatever happens in the administration of justice is consistent overall with community expectations
RE: Fairness
How is Impartiality Upheld?
- avoiding bias
- avoiding apprehended bias
Re: Fairness
How is Openness Upheld?
- Courts open to media and people (public scrutiny)
Exception: protecting young witnesses, national security
RE: Fairness
How is participation upheld?
- accused must know facts against them
- accused must have time to prepare defence
- examination of witnesses (in-chief/cross)
- engage with a lawyer
- use of interpreter
- timely manner to hear case
- alternative arrangements of evidence
- victim impact statements
Equality
SOK
Every person or oganisation that has a dispute to be resolved is equal in the eys of law and in the legal system as a whole. No-one should be privileged and benefited, nor discriminated against or at a disadvantage, for being who they are.
RE: Equality
What are some ways in which equality is upheld?
- Interpreters
- information in alternative methods (lack of jargon/slow etc.)
- changes to court processes
- different oath/affirmation
- cultural difference accomodation
- breaks/adjournment
- Rules of Evidence
- Rules of Procedure
Access
SOK
All people must be able to effectively utilise the legal system, and the places and systems for the resolution of disputes and the administration of justice. Access is therefore about more than just not being banned or prohibited from something: it is about the ability, in real life, of different people to use something meaningfully, and use it in a way that is similar to how other people are able to. Not just about literal access, but access to justice.
RE: Access
How is engagement upheld?
- Physical Acesss (ramps etc.)
- Technological Access
- Financial Access
- Reasonable time to hear
RE: Access
How is informed basis upheld?
- Education
- Information
- Legal and Support Services
- Legal Representation
