Chapter 4.1 Flashcards
the principles of justice
criminal justice system
a set of processes
and institutions used
to investigate and
determine criminal
cases
Defining justice
justice is defined as the ‘maintenance of what is just or right by the exercise
of authority of power; assignment of deserved reward or punishment; giving of due desserts’. However,
what is ‘just’ or ‘right’ may depend on the perspective, views and experiences of the people involved,
such as the accused, victims, the judge and the community.
In VCE Legal Studies, the principles of justice are:
* fairness
* equality
* access.
the principle of fairness
fairness means that ‘all
people can participate in the justice system, and its processes should be impartial and open’.
Fairness is designed to ensure that:
* innocent people are not found guilty of a crime that they did not commit
* public confidence is maintained in our criminal justice system through features such as open and
public hearings.
The VCE Legal Studies definition of fairness incorporates three broad features:
- impartial processes,
- open processes,
- and participation.
impartial processes
our courts and personnel, including judges, magistrates and jury members, are independent and impartial. This means that people should not show bias towards or against either party, and the case must be decided based on facts and law, not on prejudices.
The requirement for impartiality extends to the need to ensure there is no apprehended bias.
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
Open processes
Open processes in the criminal justice system” mean that legal proceedings are transparent and accessible to the public. This ensures accountability, builds trust, and allows the community to see that justice is fairly carried out.
participation
Participation in the criminal justice system is crucial for ensuring fairness. It means that all parties involved, including the accused and victims, have the right to be actively involved in the legal process.
- For the accused, this includes being informed about the charges, having the opportunity to prepare and present their defense, and accessing legal representation and interpretation services if needed. Fairness also involves allowing both sides to question witnesses and ensuring that trials proceed without unreasonable delays.
- For victims, participation includes the ability to provide evidence in a way that minimizes trauma, present impact statements during sentencing, and share their views on plea negotiations. Ensuring these opportunities helps guarantee that the justice system operates transparently and equitably for everyone involved.
Other features of fairness
- the right not to testify against oneself: the accused has a right to
silence. This means the accused has a right to decide whether to give evidence or say anything
in the trial. - the presumption of innocence: the accused is presumed to be innocent until proven guilty,
and the prosecution has the burden of proving the case against the accused beyond reasonable
doubt.
The principle of equality
equality means people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequete measure should be taken to allow all to engage with the justice system without disparity or disadvantage, includes two main features
- same treatment
- different treatment
same treatment
the first feature of the definition of equality is that people must be treated in the same way. that all people are treated the same and given the same levels of support, regardless of their personal differences or characteristics (such as race, religions, gender identity or age), this means the same processes will apply in every case, for every party, everyone is given the same opportunity and the same level of support
different treatment
is that if treating people in the same way could in fact cause disparity (a gap or difference between the way the two parties are treated). or disadvantage then meausres should be put in place to allow people to participate in the justice system without disparity or disadvantage, sometime the one size fits all approach does not work
example of measure’s to reduce disparity
- Interpreters: Help is provided for those who do not understand or speak English.
- providing information in a different way: Information may need to be given in simpler language or translated for those with limited English.
- Courtroom Changes: Adjustments in the courtroom, such as a less formal setting for young people or alternative arrangements for vulnerable witnesses, may be needed.
- Oaths: People can use different religious texts or affirmations based on their beliefs when taking an oath to tell the truth.
- cultural differences: Adjustments are made to avoid misunderstandings related to cultural practices, such as avoiding assumptions about eye contact.
- Breaks and Flexibility: Additional breaks or adjustments may be provided for individuals with disabilities or young people to help them manage stress and stay focused.
the principle of access
access means that ‘all people
should be able to engage with the justice system and its processes on an informed basis’.
This means that not only should people be able to engage with the justice system, but that
‘engagement’ should be on an ‘informed basis’.
Engagement
To engage with the justice system, people need the means and ability to be able to use and participate in
the system.
- Physical Access: They should be able to get to courts and legal services, which can be challenging for those in remote areas or with disabilities.
- Technological Access: They need to use online or virtual services, which can be difficult for those without technology or special needs.
- Financial Access: They should be able to defend themselves without financial barriers, especially if they need to pay for a lawyer.
- No Delays: Their cases should be resolved without unnecessary delays, which can affect their ability to participate fully in the system.
