U1 AOS1 Flashcards
What are the three principles of justice according to the study design?
Fairness, Access, Equality
The acronym FAE (pronounced ‘fay’) can help remember these principles.
Define the principle of fairness.
Fairness is the concept that all people can participate in the justice system and its processes should be impartial and open.
What are the main aims of the fairness principle?
- To ensure that innocent people are not found guilty of a crime they didn’t commit.
- To ensure that public confidence is maintained in our criminal justice system through features such as open and public hearings.
What are the three main features of fairness?
- Impartial processes
- Open processes
- Participation
What does ‘impartial’ mean in the context of fairness?
Impartial means showing no actual or apprehended bias towards or against either party.
Define ‘actual bias’.
Actual bias is present if a decision-maker has a prejudice or lack of objectivity in relation to a person or group.
Define ‘apprehended bias’.
Apprehended bias is present if a fair-minded lay observer might reasonably believe that the decision-maker might not be impartial.
Give an example of a situation that gives rise to an apprehension of bias.
A conflict of interest exists, such as a judge sentencing their own child.
What does ‘personnel’ refer to in the context of the justice system?
Personnel includes people in and outside the courtroom, such as judges, magistrates, jury members, police officers, mediators, and arbitrators.
Comment on impartiality in cases involving self-represented parties.
It can be difficult for processes to be completely impartial because measures taken to assist self-represented parties may be viewed as decreasing impartiality.
What does ‘open’ mean in the context of fairness?
Open means that members of the public can witness the processes being carried out and scrutinise the actions of the institutions and people involved.
Why do processes need to be open?
Open processes help ensure that institutions and people administering justice can be scrutinised and held accountable.
Which processes should be open?
- Processes carried out by the police
- Processes carried out by the courts
- Processes carried out by government departments and bodies
What are some exceptions to open justice in criminal cases?
- The name of a child victim may be redacted to protect the child.
- A courtroom may be closed to protect a witness.
In civil disputes, why are some processes resolved in private?
This is largely due to the private nature of civil disputes and the ability of the parties to decide how their dispute should be resolved.
Who should be able to participate in the justice system?
The accused and other people such as victims.
What is one key characteristic of participation in a criminal case?
The opportunity to know the case put against them.
What is another key characteristic of participation in a criminal case?
The opportunity to prepare a defence.
What is a key characteristic of participation in a civil dispute?
The opportunity to know the case put against them.
What does the right not to give evidence against oneself mean?
It refers to the right to silence.
What is the presumption of innocence?
It is the principle that a person is considered innocent until proven guilty.
What doesn’t fairness mean in a criminal case?
It doesn’t mean that all people charged with a similar crime will receive the same hearing or sentence.
How is ‘fairness’ different from ‘access’ and ‘equality’?
Fairness focuses on what happens once a person is in the justice system, while access is about getting into the system.
Define the principle of access.
Access is the concept that all people should be able to engage with the justice system and its processes on an informed basis.
