factor that affect criminal justice and reforms Flashcards
costs that an accused may face
solicitors/barristers fees, witness fees, appeal fees
impact of cost on access (x2)
- hight cost of appeals may discourage some from appealing
2. those who cannot afford legal representation cannot understand their rights
impact of cost on fairness (x2)
- self-represented accused has an unfair disadvantage to the prosecution as they have extensive experience and knowledge
- some accused may be unable to afford victim compensation
impact of cost on equality (x1)
equality before the law is not achieved if some dissatisfied parties cannot afford appeals
ways that the Criminal Justice System achieves the POJ despite cost issues (x3)
- independent judges uphold fairness by ensuring rules of evidence are always followed
- juries promote fairness and access because they are unbias and independent decision-makers
- equality and access upheld because if an interpreter is needed in court, the prosecution pays for it
MANY MORE
delays are undesirable because… (x4)
- furthers victims suffering
- community is at risk of the offender
- awaiting trial outcome is stressful for accused
- criminal trials rely on oral evidence, but memories fade
sources of delays (x3)
- court backlogs such as that from the COVID-19 pandemic
- empanelling juries
- trial procedures are very slow due to parties arguments in court and decision making time etc
MANY MORE
impact of time on access (x2)
- delays may deter victims from pursuing their case
2. the longer the jury trial, the greater the costs
impact of time on fairness (x2)
- delays exacerbate the stress of a trial
2. outcome may be incorrect if the evidence is unreliable due to the passage of time
impact of time on equality
an unrepresented accused person may be unaware of methods to minimise delays such as sentence indications
ways that the Criminal Justice System achieves the POJ despite time/delays (x3)
- sentence indications and guilty pleas speed up proceedings
- committal proceedings ensures that courts are not clogged up with insufficient cases
- relatively few matters use juries
asylum seekers/refugees/migrants (x3)
- lack of understanding of Victoria’s legal system
- language barriers
- lack of trust with police/courts
indigenous australian’s (x6)
- overrepresented in Victoria prisons
- history of dispossession and social exclusion lead to a lack of trust
- body language differences
- silence shows respect in their eyes
- they minimise eye contact
- tendency to answer questions in a way they feel is expected
impact of cultural difference on access (x2)
- lack of trust with police = reluctant to pursue case
- recent migrants/refugees may be unfamiliar with Vic Legal system meaning they are less aware of their rights
impact of cultural difference on fairness
unfamiliar with trial processes
impact of cultural difference on equality
language barriers
ways that the Criminal Justice System achieves the POJ despite cultural differences (x3)
- use of Koori court
- VLA providing legal rep
- presumption of innocence and a high standard of proof
access in the criminal justice system
3+ 3-
strengths - jury trials, victims rights, CLCs
weaknesses - costs, VLA is limited, online information
fairness in the criminal justice system
4+ 3-
strengths - jury trials, VLA criteria, duty lawyers, victims rights
weaknesses - legal rep in court, cost of appeals, limited VLA
equality in the criminal justice system
+3 -3
strengths - rights of the accused, right to a fair hearing, role of judges and jury
weaknesses - jury not available to all, costs of appeals, cultural difficulties
costs - recent reform
in 2018/19 the government increased its funding of VLA by $37.3 million over four years.
access - greater availability of legal aid, however funding is still very limited.
fairness - legal assistance allows accused person to be presented in the best light possible, however, very strict eligibility remains in place
equality - more people can access VLA however not for everyone
costs - recommended reform
a huge additional boost in Legal Aid and CLC funding
recommended by the Law Council of Australia’s Justice Project
access - more legal aid available for the accused however there are other barriers to justice
fairness - legal assistance allows accused person to be presented in the best light possible, however, not likely to occur
equality - legal aid is more widely available however other aspects of the justice system needs to be reformed such as indigenous australian’s are over-represented.
time - recent reform
judge only trials during 2020 pandemic.
accused have to consent
access - reduced backlog and improved access for victims and accused. however, reduced involvement of community and community views.
fairness - decision making by trained impartial adjudicator likely to remove issues of fairness created by quality of legal representation. however, heavier reliance upon impartiallity and professionalism of adjudicator.
equality - potential for reduction of social biases in juding accused/belief in victim. however, further reliance on limited background of decision makers.
time - recommended reform
abolish peremptory challenges/prosecution stand-asides in the process of empanelling a jury.
recommended by the Victorian Law Reform Comission
access - less complex for unrepresented persons.
fairness - reduces delays, parties cannot influence jury composition, however limited impact on delays as few cases of juries and accused is not involved in jury selection.
equality - further ensures equality by reduction in jury stacking
cultural differences - recent reform
expansion of Koori Court in Shepparton
access - culturally relevant sentencing however further expansion is still necessary.
fairness - supports indigenous community however only available when there has been a guilty plea.
equality - Koori Court is more accessible for rural areas however further reforms are needed to address the overrepresentation
cultural differences - recommended reform
ensure the new Sentencing Guidelines Council includes experts on how indigenous Victorian’s interact with the legal system.
in 2017 the Vic Government announced it would create the council to provide guidance to the courts about sentencing for crimes, VLA recommends it should include these experts.
access - better support for indigenous victorian’s.
fairness - sentencing guidelines will address cultural differences and needs will be reflected in sentencing however reforms that address areas outside of sentencing are required to reduce over-representation
equality - overcomes cultural barriers
