Chapter 1B: Principles of Justice Flashcards
What are principles of justice?
The basic ideas and values that aim to promote just treatment and outcomes in the legal system
What are the three key principles of justice?
Fairness, equality and access
What does fairness ensure?
That impartial legal processes are in place, and all parties receive an unbiased trial
Who is best placed to decide a fair outcome in a legal case?
A third party who does not have a vested interest in the matter
To uphold fairness, what are the rights of both parties in a case?
Both parties have the right to legal representation and must be informed of all charges against them
What is an example of fairness in the legal system?
Juries must make their decisions on evidence presented and judges must give reasons for their decision
What does equality ensure?
All people are treated the same before the law, regardless of their race, gender, status or age
How can equality be upheld by the legal system?
Everyone should have the same chance to present their case, laws should prevent discrimination and the process should be free from bias
What does the standard of proof mean?
Beyond a reasonable doubt
Who carries the burden of proof in the legal system?
The party responsible for proving the case in a court
What is an example of equality in the legal system?
Sentencing guidelines which ensure the courts impose similar sanctions for similar offences
Who is the most powerful party in the legal system?
The state, who are more powerful than individuals in terms of money, resources and expertise
How is the power of the state balanced in the legal system?
Certain rights exist for the accused, such as the right to silence, the burden of proof and standard of proof
What does access ensure?
Individuals in society have an understanding of legal rights and an ability to pursue their case
How do legal institutions provide access?
Legal Aid funding, Court Services Victoria translators and Community Legal Centres resources
