Civl and Criminal Justice Systems Flashcards
What is litigation/adjudication and what are its positives and negatives?
When a case goes to court
+ binding decision
+ creates precedent
+ reduces power imbalances
+ casts shadow of law
- cost
- delay
- damage to relationships
What is negotiation and what are its positives and negatives?
Used in dispute resolutions and often done between lawyers but can also be between the people involved
+ cheaper
+ fast
+ preserves relationships
+ simple and accessible
- Weaker party might get steamrolled
What is mediation and what are its positives and negatives?
A very brief telephone call (like the tenancy mediation) through to in-person day long (or longer) sessions. Assisted by a neutral third party
+ private (can’t be repeated in court)
+ preserves and repairs relationships
+/- can be cheap, can be expensive
- can be power imbalances
- bias mediator
What is the justice gap?
With lawyers being so expensive - often upwards of $250 - the rule of law is being obstructed as people are unable to achieve justice.
What is legal aid and pro bono?
cheaper alternatives for legal services. Often legal aid is hard to qualify for, and few lawyers take up pro bono cases
What are some new potential solutions to the justice gap?
Training professionals beyond lawyers with legal skills and online dispute resolution.
What is Te Ao Marama?
Takes the lessons learnt from the specialised courts and mainstream them using the values of tikanga. Some of the ways Te Ao Marama is ensuring people feel like they are involved in a fair process and are being heard is by using plain language, toning down formalities and involving everyone (including the victim). Only in district courts
What is the AODT court?
Our criminal justice system faces significant inequalities with people often being alienated by the system or trapped in the cycle of it. The AODT court is a court intended to help people avoid entering prison using methods of therapeutic justice
What is the impact of colonialism?
A large cause of some of our criminal systems issues. It’s one of the reasons that there is such a significant over representation of Maori people in prisons.
What is the accumulation theory?
The accumulation theory discusses the impact that one racist decision at any stage of the criminal process can have on creating a disproportionate amount of Maori people in prisons.
What are the key points on the Rangatahi courts?
The Rangatahi court is set in a marae. The court combines law, culture and faith into one environment. A critique of the system is it only offers a new setting and doesn’t transform how the system works drastically.
