Justice And Injustice Flashcards
What is the presumption of innocence and why is it important?
It is assuming everyone is innocent until proven otherwise. It is vital in the protection of the people
What does blackstone’s formulation state?
It is better for 10 guilty people to go free than 1 innocent person to go to prison
What is the standard of proof in NZ courts? And why
Beyond a reasonable doubt, so to test the evidence of the state and make sure they can rightfully punish the person
What is the adversarial system and why is it important when thinking about injustice?
It is a way a trial is run, to test the states evidence, two parties battle it out overseen by a judge and the case is usually decided on by a jury
What is the NZBORA 1990?
It is a piece of legislation that sets out the rights NZ citizens have
What is the criminal cases review commission?
It is a commission made up of lawyers and psychologists and investigators that reviews cases for people who believe they have suffered a MOJ, the commission can then refer these cases to the court of appeal if the believe it may be a MOJ
True or False?
The NZBORA is entrenched
False
True or False?
The NZBORA has less power than other acts
True
What are some reasons of MOJ (Police)
Targeting
Making up evidence
Racial biases
What are some reasons of MOJ (Courts)
Misleading evidence
Racial biases
Bad defence lawyers
What are two examples of MOJ in NZ?
David Dougherty
Teina Pora
What happened in the case of David Dougherty?
He was convicted of raping an 11yr old girl, DNA evidence found him not guilty after serving 3 years imprisonment
What happened in the Teina Pora case?
He was convicted in 1992 for rape and murder, appealed and got a retrial and then convicted again, got parole after 20 years and appealed to privy counsel and then got conviction quashed after 22years.
What was a major role in the wrongful conviction of Teina Pora?
He had FASD making it easy for the police to get a wrongful confession out of him. They also ignored evidence suggesting someone else.
