U1 AOS1 - The Principles of Justice

Question 1

Fairness definition

Answer 1

• All people can participate in the justice system and its processes should be impartial and open

Question 2

Fairness includes:

Answer 2

• Impartial processes (all personnel within the legal system (the judge, jury, etc.) must act in a way that is impartial, independent, and shows no discrimination or bias
• Open processes (court processes must be transparent - open courtrooms to allow reporters, members of the public and clear guidelines for sentencing as well as regulating jury selection)
• Participation (individuals must be able to participate in the system effectively (e.g. being aware of charges against them, having time to prepare their case, etc.)

Question 3

Equality definition

Answer 3

• All people engaging in the justice system should be treated in the same way. However, if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage without this disparity or disadvantage

Question 4

Equality includes:

Answer 4

• Formal equality. Whereby all individuals are treated the same and given the same level of support regardless of their personal differences or characteristics like race, religion, gender, age, etc.
• Substantive equality. If the legal system did treat people in the same way but in doing so caused disparity or disadvantage, then measures should be put in place to allow people to participate.

Question 5

Access definition

Answer 5

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

Question 6

Access includes:

Answer 6

• Engagement (people need to be able to use and participate in the system)
  
  • Physical access (location of courts could lead to those in rural areas experiencing hardship when getting to courts)
  • Financial access (people should not be prevented from defending their case because they don’t have the financial means to)
• Informed basis
  
  • Education (individuals with higher education are more aware of rights and the legal system, meaning court documents should be able to be understood by those with lower levels of literacy)
  • Access to legal support services (having access to these services can lead to better awareness and understanding of the system)
  • Legal representation (most effective way an accused can be informed about their rights and the legal processes occurring)