Justice Issues and the Law

Question 1

What are the key issues societal/global justice is concerned with?

Answer 1

• global distribution of resources between rich and poor nations
• gender, ethnic or racial discrimination within nations
• the historical dispossesion of indigenous people
• the need to preserve the environment for future generations

Question 2

What is the principle of access and equity?

Answer 2

basis of a just legal system, equality before the law requires the justice system to

• ensure people of all backgrounds have equal capacity to access legal services
• focus on legal equality- individuals have an equal experience of legal process

Question 3

What is procedural/natural justice?

Answer 3

the right of all individuals of access to the due proess of court proceedings that enable them to argue their case before an unbiased judge, and where appropriate, be judged by their peers. It also requires that individuals have a right of appeal if the original trial contained legal flaws

it is the view of justice that underlies British and Australian legal systems

Question 4

What are the key procedural justice principles?

Answer 4

1. disputes are heard by an independent judge who must be free of any suspicion of bias
2. a hearing must allow both parties to dispute equal time in which to present their arguments
3. judgements must be based on evidence presented
4. full reasons for judgement must be made publi

Question 5

Features of the adversarial system that promote justice:

Answer 5

1. The right of an individual to take legal action
2. The presumption of innocence: ‘golden thread’ of the English justice system. Those accused are entitled to be considered innocent until the allegations against them have been proven through due and proper legal process
3. Truth through adversarial contest: adversarial process assumes that all appropriate and required evidence will be revealed as rivals in a court battle attempt to present their cases as fully and convincingly as possible
4. Impartial processes and adjudication: judge as umpire on

Question 6

What is nolle prosequi?

Answer 6

A decision taken by the Director of Public Prosecutions not to proceed with a case, it does ot prevent the case being pursued at a future time

Question 7

What is a judgement of law and judgement of fact?

Answer 7

Judgements of law concern the procedural correctness of the trial (carried out by the judge). Judgements of fact are whether the evidence demonstrates someone is liable/guilty (magistrate/judge/jury)

Question 8

What is a jury?

Answer 8

panel of citizens that decides guilt or innocence of an accused in a criminal case and the liability of a defendant in a civil action. In serious criminal trials, trial by jury is seen as a basic right

Question 9

What are the main advantages of juries?

Answer 9

1. Juries are democratic: jurors are a cross-section of the community and representative of the community - reflects community values
2. Juries are fair: as ordinary citizens, they can be trusted to protect the liberties of individuals
3. Juries are less prone to errors
4. Juries are educative
5. Spreads responsibility + reduces power of judge aka state
6. Safeguards against misuse of power + helps to protect democracy

Question 10

What are the main disadvantages of juries?

Answer 10

1. Juries are unrepresentative
2. Jures lack expertise
3. Juries reflect community prejudices + could be influenced by media/counsel/witness
4. Jury trial creates unnecessary expense and causes delay
5. Jury decisions are unpredictable
6. Difficult task-complicated evidence, deliberate behind closed doors, concentrate for long periods
7. Difficulty of reaching a decision + high aquittals
8. Inconsistent damages

Question 11

What reforms to the jury system have occurred in WA recently?

Answer 11

April 2011: Juries Legislative Amendment Act 2011 passed

• main purpose was to widen jury pool (increase representative nature) - persons aged up to 75 eligible, more categories of persons eligible, excuse as of right abolished and systems of deferral of jury service for a set period (6 months)
• peremptory challenges available to each side from 5 to 3
• tougher penalties for failure to answer summons to jury duty
• individual employers standing in the way of their workers undertaking jury duty face a fine of <$10 000 , large companies <$50 000

Question 12

What are some suggested reforms to the jury system?

Answer 12

Question 13

What is liberal indivdualism and legal utilitarianism?

Answer 13

LIBERAL INDIVIDUALISM: a good society emphasises the importance of the legal rights of citizens i.e. greater checks on police procedures-interviews w suspects to be recoreded/video taped

LEGAL UTILITARIANISM: the security of the community should be in many cases be given priority over individual rights. This view is reflected in the community’s support for tougher ‘law and order’ i.e. increased discretionary police powers such as ‘move on’ laws in QLD and WA