Session 3 Flashcards
What does natural justice refer to?
Natural justice refers to the rules and procedures that ensure fairness.
What is natural justice also known as?
Procedural fairness.
Who must follow natural justice?
Person or body which has the power to resolve disputes.
What does natural justice require?
A procedural fair hearing and an unbiased decision.
What are the five elements of natural justice?
Fairness, transparency, equality before the law, freedom of bias and the right to be heard.
Why is fairness an element of natural justice?
It removes prejudice.
What does transparency mean when it comes to natural justice?
It means the courts remain open.
How does transparency (element of natural justice) affect the media?
Media can publish information about what goes on in the courts.
What does the media being able to publish what goes on in courts ensure?
Minimal corruptions.
What does equality before the law mean?
The law is evenly applied regardless of social standing.
Should the law mean the same thing to everyone?
Yes.
What does freedom from bias mean?
We have decision makers who are impartial.
What are the three ways that natural justice is achieved?
Ensuring procedural fairness, ensuring decisions are made by objective decision makers and the decision being made on logical proof or evidence.
What is ensuring procedural fairness known as?
The hearing rule.
What is ensuring decisions are made by objective decision makers known as?
The bias rule.
What is the fact that decisions must be made on logical proof or evidence known as?
The evidence rule.
Is natural justice done by ensuring procedural fairness?
Yes.
What three rights ensure procedural fairness?
Right to be heard, right to be advised of allegations in detail and the right to reply to allegations.
When does the right to be heard apply?
If you choose to testify.
Can an accused person sit in the witness box?
Yes.
Do you have the right to remain silent?
Yes.
Should not testifying make difference about whether someone is viewed as innocent or guilty?
No.
Is someone not testifying a consideration when deciding a verdict?
No.
Natural justice is achieved by ensuring fair decision are made by whom?
Objective decision makers.
Third party decision makers are removed from?
The case.
Do judges and juries have separate roles for a reason?
Yes.
What does the judge determine?
Law.
What does the jury determine?
Fact.
Can a person judge their own case?
No.
Does a victim always have a say on whether charges are pressed?
No.
Why is the victim removed from the justice process?
Because it is the difference between hot and cold justice.
What is hot justice driven by?
Emotions.
What would hot justice lead to?
A harsher outcome.
Does our justice system use hot or cold justice?
Cold justice.
What is cold justice driven by?
Impartial decision makers and leads to a fairer decision for all parties involved.
Should investigators act with bias?
No.
Should decision makers act with bias?
No.
Should even the appearance of bias be avoided?
Yes.
What is an example of bias in the justice system?
A judge having a relationship with a prosecutor.
What does the right to be heard relate to?
Rule of law.
Is there a requirement of the right to be heard?
No.
Do you have to testify if you don’t want to?
No.
Can you testify if you want to?
Yes.
Does natural justice and the rule of law overlap?
Yes.
Are natural justice and rule of law both necessary parts of our system?
Yes.
Why are natural justice and rule of law necessary parts of our justice system?
To ensure fairness.
Natural justice is done by ensuring decisions are based on?
Logical proof or evidence.
Is proof needed to show that a person is actually guilty of a crime?
Yes.
Are there strict procedures for evidence?
Yes.
Does evidence need a chain of custody?
Yes.
Is evidence’s chain of custody recorded?
Yes.
Are there strong rules on the admissibility of evidence?
Yes.
When does one party’s evidence have to be given to another?
Before trial.
If new evidence emerges, what may occur in a trial?
An adjournment.
Why may an adjournment occur if new evidence arises?
For the other side to process information and construct an argument.
Is there the cross examination of evidence?
No.
What does the right to be advised of allegations in detail?
The crown (prosecution) must inform of charges, specific elements of charges and provide sufficient time to make a defence and to prepare case with a legal team.
Do you need preparation before there is a court date?
Yes.
What does time before the court date allow?
Time to gather evidence and go through prosecution’s evidence to build a solid case.
Is there the right to reply to allegations?
Yes.
In adversarial systems, is there the cross examination of witnesses?
Yes.
What is judicial independence?
Judicial independence is the independence of a justice system.
According to judicial independence, the justice system is separate from?
Other arms of government.
What is the benefit of judicial independence?
It means those who administer justice are separated from sources of power and influence (like lobby groups or politics).
What does judicial independence give confidence to?
The idea that court cases are actually decided from the laws that exist.
What would the absence of judicial independence affect?
The just and impartial working of the system.
What is due process?
Due process is the proper legal means of doing something related to a case.
What is due process also called?
Procedural fairness
