Natural Justice Flashcards
1
Q
Define ‘natural justice’.
A
Natural justice is the right to a fair trial. According to natural justice, every person is entitled to a fair and unbiased hearing.
2
Q
List the elements of natural justice/an unbiased hearing.
A
- the right to silence
- the rules of evidence
- an adversary trial
- the burden and standard of proof
- the right to a Jury
- legal representation/aid
3
Q
List the advantages of the civil trial process.
A
- judge
- facts are known by both sides
- party control
- settlement
4
Q
What are the two maxims of natural justice?
A
- Nemo debet esse judex in propria causa (no man may be judge in his own case).
- Audi alteram partem (hear the other side).
5
Q
What are the disadvantages of the Jury?
A
- reasoning/accountability/ consistency
- cost/time
- understanding of evidence & bias
6
Q
What are the advantages of the Jury?
A
- flexibility & community values
- Representation & participation
7
Q
What are the disadvantages of the criminal justice system?
A
- miscarriages of justice
- competition
- inequality in sentencing
- witnesses
8
Q
What are the advantages of the criminal justice system?
A
- Rules of evidence
- impartial judge
- the Jury
9
Q
What are the disadvantages of the civil justice system?
A
- cost
- time
10
Q
What are the six cases used?
A
- Andrew mallard
- Carl Williams
- C7
- jaidyn leskie
- sniper
- vic police v. teenage boys
11
Q
What were the amendments made in the 2011 Juries Legislation Amendment Act?
A
- reduction of challenges
- increased fines
- decreased ineligibility categories
- removal of excuse “as of right” and introduction of deferral
