area 3 Flashcards
Define Fairness
Fairness in the legal system centers around the idea that individuals have the right to a fair trial, and all parties receive a fair hearing from a third party. All people can participate in the justice system and its processes should be impartial and open
Define jury
A jury is a panel of 12 randomly selected citizens that are compulsory in the Country and Supreme Court when an accused pleads ‘not guilty’ to an indictable offence. A jury listens to facts and evidence of a case and decides the guilt or innocence of the accused beyond reasonable doubt. They provide an impartial decision-making body and ensure offenders are tried in accordance with community values.
Right to fair trial- protected under which Act?
Charter of Human Rights and Responsibilities Act 2006 (VIC)
3 main features of fairness in the legal system
Impartial processes
All personal involved in criminal justice system/case must be independent and impartial
Open processes
cases must be heard and decided in public so community and media can see justice being done
Participation
People must be able to participate in the criminal justice system
How is fairness achieved in the legal system? examples
Presumption of innocence: legal principle where a person accused of committing a crime is presumed innocent until proven guilty. Resource imbalance between individual defendant and the more powerful state
Burden of proof rests with prosecution, independent judge and jury
Define equality
Equality is the state of being equal, especially in status, rights and/or opportunities, and there is no discrimination based on race, gender or religion. Regarding legal system- idea that all people are treated same before the law, with equal opportunity to present their case.
what is equality protected by
basic human right- protected by Universal Declaration of Human Rights
what is ‘substantive equality’
Processes may need to be adjusted to ensure no person is disadvantaged and substantive equality is achieved. Eg. interpreters.
define access
The ability to approach or make use of something
Access to the legal system is an individual’s understanding of their legal rights and ability to pursue their case
Two main features of access
Engagement-ability to participate in the justice system which covers physical, technological and financial access
Informed basis- Need a level of info/understanding about the legal system
Education, information, legal representation and support services
Define criminal law
Body of law relating to acts or omissions against society. Deters people from committing crime and promotes safety within the community
Define police
The police are an institution that enforce criminal law. They are directly responsible for maintaining law and order in community. Promote a safe, secure and orderly community.
Define delegated bodies
authorities or agencies given power by the Victorian or Commonwealth parliament to make and enforce laws. Parliament delegates power to subordinate bodies by passing an Act giving another body power to make rules and regulations. Prevent, investigate and prosecute crime
3 main roles of police
Prevention- deter people from engaging in criminal behavior
Maintain constant presence in community and educate society (proactive crime prevention)
Investigation- identify potential offenders and collect evidence. Assist with prosecution and sanctioning
Prosecution- charging those who have broken the law and commencing legal proceedings against them. Prosecute summary offences in Mag court
