HS L7 - The Principle of Fairness

Question 1

Fairness - definition

Answer 1

• All people can participate in the justice system and its processes should be impartial and open

Question 2

Purpose of fairness

Answer 2

• Innocent people are not found guilty of a crime they did not commit
• Public confidence is maintained

Question 3

Impartial processes - definition

Answer 3

• Courts and personnel are independent and impartial. This means they should not show bias towards either party, and the case must be decided on facts and law

Question 4

Impartial processes - examples

Answer 4

• The judge or magistrate and the jury must acknowledge any association with either party and remove themselves from the case
• Jury members are empanelled from the community at random to ensure limited bias
• Both sides can challenge a jury member if there is perceived bias

Question 5

Open processes - definition

Answer 5

• The ability for the community to be informed and scrutinise the legal system through processes being transparent. This allows legal personnel to be held accountable and answerable for their actions

Question 6

Open processes - examples

Answer 6

• The requirement that hearings be conducted in public (exceptions do exist as courts may need to be closed to the public or media at times to protect a witness or a child)
• Court judgements are made available to the public
• The community, media and victims can attend the court hearing
• Juries, which include members from the community, are able to participate in and decide on a verdict

Question 7

Participation - definition

Answer 7

• The opportunity to prepare their case through knowing the facts (committals)
• The opportunity to examine witnesses
• The ability to use a lawyer (VLA if required)
• Allowing victims to use alternate arrangements when giving evidence
• Victim Impact Statements
• The right to not testify against oneself (right to silence)
• The presumption of innocence