The principles of justice in relation to criminal law Flashcards
What is fairness
The principle of justice fairness is to be treated without fear or favour within the legal system
VCA DEF All people can participate in the justice system and its processes should be impartial and open.
What are the three main concepts of fairness
Impartial -process means a judge, jury and magistrate must not hold any bias against an accused individual within the legal system. A decision made by a judicial party should be base on the fact rather than any prejudice.
Open process -means that any person can walk into a court room and view a case, this ensures that judicial parties can be held accountable for their actions, decisions and ability to follow the rules of evidence and procedure.
Participation -means people are able to participate in the legal system, this is primarily pushed towards the accused but is also extends to victims of crime. Characteristics of participation include
Other concepts of fairness
Opportunity to know the case put against them
Opportunity to prepare defence
Use of a lawyer
Use of a interpreter
Alternative arrangements
What is access
The principle of access means to be able to fully utilise the legal system and its features.
VCAA all people should engage with the justice system and its processes on an informed basis
What are the concepts of access and what do they entail
Engagement, people need the means and ability to be able to use and participate in the legal system, this includes;
-Physical access
-Technological access
-Financial access
-No delays
Informed basis Means people should be able to engage on an informed basis. This means that they should understand their rights and the processes involved and they should be able to obtain, or be provided with enough information to make reasonable and sensible decisions.
-Education
-Information
-Legal representation
What is equality
Equality means that all people who come in contact with the legal system should be treated the same regardless of any personal characteristics
VCAA All people engaging with the justice system and its processes should be treated in the same way, if the same treatment creates disparity or disadvantage adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.
Concepts of equality
Same treatment means that all people must be treated the same way regardless of any personal characteristics such as gender, race, ethnicity. This principle is applied to every case in the same fashion as everyone is given the same support and assistance.
Different treatment
