The principles of justice - 3.1.5

Question 1

what does justice mean?

Answer 1

maintenance of what is right or just by the exercise of authority of power.

Question 2

what is fairness?

Answer 2

“all people can participate in the justice system, and its processes should be impartial and open.”

3 features:
- impartial processes
- open processes
- participation

Question 3

Fairness: what is impartial processes?

Answer 3

relates to judges, magistrates, jury, court personnel being independent and objective.

Question 4

fairness: what is open process?

Answer 4

makes sure the institution and people who administer justice can be held accountable for their actions/decisions

Question 5

fairness: what is participation?

Answer 5

relates to victims and accused, ability to be actively involved in their case

Question 6

what is equality?

Answer 6

all people engaging in the legal system should be treated the same way. Those who are disadvantaged by the same treatment should have adequate measures put in place.

Question 7

equality: what is same treatment?

Answer 7

‘formal equality,’ event reated in the same way regardless of personal characteristics (e.g. age, religion)

Question 8

equality: what is different treatment?

Answer 8

‘substantative equality,’ for people who would experience disadvantage if treated like everyone else, special measures are needed (e.g. language)

Question 9

what is the definition of access?

Answer 9

all people should be able to engage with the justice system and its processes on an informed basis

Question 10

access: what is engagement?

Answer 10

when people can use and participate within the justice system, includes physical access, technological access and financial access.

Question 11

access: what is informed basis?

Answer 11

people should know an understand their legal rights and have enough information to make a reasoned decision.