chapter 3 & 4.1-4.2 Flashcards
the principles of justice
fairness: requires that legal processes are fair and unbiased. it also required that all parties to a case can reeive a fair and unbiased hearing, elements such as the presumption of iinnocence can be said to help us achieve this principle.
equality: requires that all people are treated equally before the law, regardless of factors such as age, race, or gender. it also demands that all people be given an equal opportunity to present their case.
access: that all people understand their legal rights and have the ability to pursie their case - think of things such as legal aid in relation to this.
summary and indicatable offences
summary offences: minor offences, heard in the magristrates’ court. includes petty theft, and minor road offences such as drink driving. listed under the summar offences act 1966 (vic). no jury present
indictable offences: more serious offences, trial is heard in the county court or the supreme court trial division. includes offences such as serious assault, rape, and murder. listed under the crimes act 1958 (vic). jury present
presumption of innocence
the presumption of innocence means that no one is to be treated as though they are guilty of a crime until a court has found thm guilty to an acceptable standard.
innocent until proven guilty
burden of proof
it is the responsibility/burden of anyone making an allegation against anyone to prove to the court that the allegation is substantaited. the burden of proof identifies which party in a dispute needs to prove the case.
standard of proof
jury/judge cannot find someone guilty unless there is no reasonable doubt
rights of the accused
- the right to a fair hearing
- the right to be tried without unreasonable delay
- the right to trial by jury
how the rights of the accused uphold the principles of justice
fairness is achieved through the right to a fair trial, including the right to an unbiased judge and impartial jury
it is not achieved as jury may not be well versed in legal issues
equality is achieved as all persons who have committed an indictable offence have the right to trial by jury.
being tried without unreasonable delay reduces delay - achieving the principle of access.
doesnt achieve access as speeding up a case too much can reduce access to certain legal information.
rights of the victims
- right to give evidence as a vulnerable witness
- right to be informed about the proceedings
- right to be informed about the likely release date of the accused
how the rights of the victims uphold the principles of justice
fairness is achieved as vulnerable witnesses have the right to give evidence behind a screen. this allows the victim to be comfortable to give evidence and mitigates stress and pressure which may cause the victim to go blank and jeopardise the case
fairness is not achieved as it may jeopardise the presumption of innocence for the accused as it may influence the jury to think that the accused is guilty.
equality is achieved as both accused and victims have the right to know about proceedings.
equality is not achieved as not all witnesses are vulnerable and not all witnesses are given alternative arrangements
access is achieved as victims have access to information about the proceedings and likely release date of the accused.
it is not achieved as they may not be informed about all changes to the case, particularly if the prosectution beliebes that it may jeopardise the case
victoria legal aid
VLA is a government agency that offers free legal advice and low-cost legal representation
focuses on people who need legal assistance the most.
objectives are to provide legal aid in the most effective, economic and efficient manner, to manage their resources to make legal aid available at a reasonable cost and on an equitable basis, to improve community access to justice and legal remedies, to ensure coordination of the provision of legal aid and legal assistance information
VLAs role is to provide free or low-cost legal representation, to provide legal education and information and to provide legal advice about the law and how it applies to a case.
community legal centres
free legal services, advice and legal representation. there are two types of clcs:
- generalist: provide broad legal services to people within a particular local geographical area
- specialist: provide legal services to a particular group of people or for a specific area of law
role of community legal centres:
- offer basic legal information
- initial legal advice
- duty lawyer assistance
- legal casework - not for indictable offences
