Principles of Justice Flashcards
Describe fairness, equality and access
What is the definition of access?
All people should be able to engage with the justice system and its processes on an informed basis
What is the definition of fairness?
All people can participate in the justice system and its processes should be impartial and open
What is the definition of equality?
All people engaging with the justice system and its processes should be treated in the same way. However, if same treatment creates disadvantage, adequate measures should be implemented to address this disadvantage
In the definition of access, what does ‘engagement’ mean?
- Ability to physically attend legal services
- Ability to use technology to virtually obtain legal information or use legal services
- Ability to pay for legal services
In the definition of access, what does ‘informed basis’ mean?
- Ability to understand legal rights and processes
- Ability to make educated and informed decisions
In the definition of fairness, what does ‘impartial’ mean?
Judges, magistrates and jury members are unbiased and objectively decide cases based on facts
In the definition of fairness, what does ‘open’ mean?
- Hearings and trials are conducted in public
- Legal processes are transparent and decisions can be scrutinised
In the definition of fairness, what does ‘participation’ mean?
The accused or victims can meaningfully involve themselves in the proceedings and are provided with the means to fulfill their roles
In the definition of equality what does ‘formal equality’ mean?
The same, equivalent, alike treatment regardless of personal characteristics such as age, gender, race, culture etc.
In the definition of equality what does ‘substantive equality’ mean?
- Equitable or different treatment according to peoples’ needs
- Modifications, adjustments or measures used to overcome disadvantage and actualise equality in practice
