the impact of costs, time and cultural differences on the achievement of the principles of justice Flashcards
What are the measures in place to address costs
-VLA and CLCs can provide free legal rep to a portion of society that satisfies the means test
-Using committal proceedings can determine if a case has enough evidence to go to court, saving the costs of going to trial, including the court fees, and fees for representation.
- Using plea negotiations avoid the need for trial thus reduces fees endured
What are measures to address delays
-Plea negotiations reduce delays by achieving an early guilty plea meaning cases do not need to proceed to trial.
what are Difficulties faced by abos
-Language barriers- they interpret english in a different way which can cause misunderstanding
- Direct questioning- abos believe they should have discussions through stories rather than answering direct questions
-Body language- abos believe it is rude to look someone in the eyes so they avoid eye contact which may make them unreliable and uninterested to those who don’t know the culture.
-Cultural taboos, they don’t like to talk about those who have passed and those who are a disgrace to society as well as gender based business
- Lack of understanding of the court processes and procedures- some coons abos don’t understand why stories need to be told more then once so they may change the story to avoid offending the official
What are the measures to address cultural differences
- Access to interpreters
- Vla provides its legal information in many different languages for people to understand in their own language
- The Koori court of abos, sentencing court, uses an abo elder and plain english as well as a less formal setting