Politics & Law: Natural Justice Essay Flashcards
(24 cards)
What is Natural Justice
Concept that there are core elements of judicial fairness that must be upheld in society such as, impartial adjudication, hearing both sides, evidence based-decisions, and open trials and maintenance of public confidence.
What are the four principles of Natural Justice
Impartial adjudicators, hearing both sides, evidence based decisions and open trials and public confidence in courts`
What does impartial adjudicators mean?
The person who makes the decision in the trial must be unbiased/impartial. They cannot be personally invested into the outcome in any way. If a conflict of interest, the jury or judge must recuse themselves.
What does hearing both sides mean
The right for both parties to be effectively heard in court: they can produced their best arguments to be considered by the judge/jury. Requires everyone to have the access to legal representation and the right for everyone to be able to consult and have access to a legal representative.
What does evidence based decisions mean?
Evidence is inadmissible if it is irrelevant to the case, has been contaminated, it is opinion or hearsay evidence and if a witness has been coerced to testify. It only survives if it is found to be admissible and will hence may be used by a judge/jury to make their final decision.
What does open trials and public confidence in the courts mean?
All court proceedings should be subjected to public and professional scrutiny. If not the principle of open trials is conflicted. Judges may decide to hold part/all of the trial in camera (out of view) to protect vulnerable witnesse such as children/protect sensitive information.
How was impartial adjudication upheld IN DETAIL!
The decision to conduct a judge-alone trial for Bradley Edwards was driven by concerns about potential bias stemming from extensive media coverage, adhering to the principle that one should not judge their own case. By eliminating the jury, the court aimed to protect the trial’s integrity and ensure the adjudicator’s impartiality, free from public opinion influences.
How was hearing both sides upheld IN DETAIL!
Bradley Edwards chose to remain silent during the trial, emphasising the principle that defendants are not obligated to testify against themselves, which respects their legal rights. His decision was voluntary and uncoerced, highlighting the importance of both parties having the freedom to present their cases without undue pressure.
How was evidence based decisions upheld IN DETAIL!
The prosecution bears the burden of proof in criminal cases. Bradley Edwards was not convicted in the third case due to insufficient evidence to establish guilt beyond a reasonable doubt, underscoring this fundamental principle of criminal law. By requiring substantial evidence for convictions, the case upholds natural justice and protects individuals from wrongful convictions, ensuring verdicts are based on concrete proof rather than public opinion or speculation.
How was open trials upheld IN DETAIL!
The judge in the Edwards case provided clear, step-by-step reasoning for his decisions, promoting understanding and transparency, which reinforced public confidence in the fairness of the judicial process. The open court format allowed victims’ families and the public to observe the proceedings, supporting the principle of natural justice and enabling community scrutiny. Clear explanations of judicial decisions enhance accountability, allowing the public to see how conclusions were reached and strengthening trust in the system’s commitment to fairness and justice.
How was impartial adjudication undermined IN DETAIL!
The extensive media coverage of the Chamberlain case generated significant public bias against Lindy Chamberlain, undermining the possibility of assembling a fair and impartial jury. This biased narrative may have unconsciously influenced jurors’ perceptions, affecting their impartiality. Additionally, the emotional weight of the tragic loss of a child complicated the ability of jurors and judges to separate their emotions from their judgments, highlighting the challenges posed to objective decision-making in such emotionally charged cases.
How was hearing both sides undermined IN DETAIL!
Button was convicted after a coerced confession during police interrogation, despite having no solid evidence linking him to the crime. He was denied proper legal representation, and it was later revealed that the serial killer Eric Edgar Cooke was responsible for the crime. This case highlights a major weakness, as Button was not given a fair chance to present his side, leading to an unjust conviction. However, it is important to note that the number of coerced confessions has dropped significantly after the Button case, reducing the likelihood of a miscarriage of justice due to inadmissible evidence or coerced statements
How was evidence based decisions undermined IN DETAIL!
The prosecution had withheld key evidence from the court that would likely have exonerated Mallard e.g. pigs head evidence was withheld which determined that the wounds could not have been caused by a wrench. He had confessions that only the killer would have known presented as strong evidence in court, yet these details were actually given to Mallard by the Police.
How was open trials undermined IN DETAIL!
The proceedings surrounding the Witness K trial were conducted under significant secrecy due to national security concerns. This lack of transparency hindered the ability of the public and the media to access information about the trial, preventing scrutiny of how evidence was presented and evaluated. The court’s inability to hold public sessions or to provide transparent processes meant that the judicial proceedings could not be effectively held accountable. This lack of accountability obstructs the community’s ability to evaluate whether a fair hearing was provided, eroding public trust in the judicial system.
What is the Adversarial System?
The adversarial system is used in common law systems and features two opposing parties who present their case to an impartial adjudicator.
Hook
In the courtroom battlegrounds of Australia, the principles of natural justice stand, impartial adjudication, hearing both sides, open trials and evidence-based decisions stand as the ultimate referee ensuring fairness and transparency but to what extent is it upheld?
Edwards
Between 1996 and 1997, three young women disappeared in the Claremont area of Perth, with suspect Bradley Edwards ultimately convicted for two out of the three murders in 2021 and 2022, Jane Rimmers and Ciara Glennon. He was not charged for Sarah Spiers murder because there was not enough evidence
Mallard
Andrew Mallard was wrongfully convicted in 1995 for the murder of Pamela Lawrance. The prosecution had withheld key evidence from the court that would likely have exonerated Mallard
Chamberlain
Lindy Chamberlain was wrongfully convicted of murdering her infant daughter Azaria in 1982, after claiming that a dingo took the child.
Witness K
The “Witness K” case involves a former ASIS officer who pleaded guilty to conspiring to reveal Australia’s 2004 spying operation in East Timor, resulting in a three-month suspended sentence for exposing government misconduct.
Button
In 1963, John Button was wrongfully convicted of the manslaughter of his girlfriend, Rosemary Anderson, who was killed in a hit and run.
Topic Sentence IA
A crucial element of natural justice is the principle of impartial adjudication, while this principle can strengthen the integrity of the justice system, as seen in the case of Bradley Edwards, it can also be compromised, as demonstrated by the wrongful conviction of Lindy Chamberlain, revealing that the successes of impartial adjudication generally outweigh its shortcomings.
Topic Sentence HBS
The principle of hearing both sides serves as a cornerstone of fairness in legal proceedings, highlighting the dual potential for both upholding and undermining justice within the legal system, with the strengths essentially outweighing the weaknesses, as demonstrated by the contrasting cases of Bradley Edwards and John Button.
Topic Sentence OT
In Australia, open trials and the public confidence therefore entrusted in the justice system serve as a poignant exploration of how the strengths outweigh the weaknesses, two famous cases of depicting the strengths and weaknesses is the Bradley Edwards case and the Witness K case, respectively
