AOS 1 DP 2 Flashcards
What are the three principles of justice?
Fairness, Equality, Access
These principles are essential for ensuring just processes and outcomes in the legal system.
What does fairness in the justice system entail?
All people can participate in the justice system and its processes should be impartial and open
Fairness is a fundamental right protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Define equality in the context of the justice system.
All people engaging with the justice system should be treated in the same way; measures should be implemented to prevent disparity
This includes both formal and substantive equality.
What is the significance of access in the justice system?
All people should be able to engage with the justice system and its processes on an informed basis
Access includes the means to use legal procedures and the ability to obtain information.
What is apprehended bias?
The perception or suspicion that a person may be biased
An example is if a juror has been a victim of the crime they are judging.
Fill in the blank: The right to a _______ is fundamental in the justice system.
[fair trial]
True or False: All court personnel must remain unbiased.
True
Impartiality is essential for a fair legal process.
What are measures to ensure equality in the justice system?
- Assistance for self-represented litigants
- Providing interpreters
- Adjustments for vulnerable individuals
These measures help ensure everyone can engage equally in legal processes.
What does open processes in the justice system ensure?
Transparency
This allows community scrutiny and media reporting on legal proceedings.
Why might a case be held in a closed court?
- Concerns for a vulnerable witness
- Sentencing discussions for defendants who cooperated with authorities
Closed courts are exceptions to the principle of open justice.
What is the role of legal representation in accessing justice?
Informs individuals about their rights and legal processes
Legal representation increases the likelihood of informed participation in the justice system.
What is the definition of justice?
An elusive concept that can mean different things, but involves fairness, equality, and access in legal processes
Justice is evaluated through these principles.
What is formal equality?
The principle that all people should be treated the same regardless of personal characteristics
This can sometimes lead to disadvantage, necessitating measures for substantive equality.
What is substantive equality?
The principle that may require treating individuals differently to achieve equitable outcomes
This may involve providing additional assistance to those who need it.
What does the principle of access in the justice system require?
- Ability to use legal procedures
- Access to legal advice and information
- Affordability of legal services
Access is critical for meaningful engagement with the legal system.
