Unit 3 AOS 1 Flashcards
How is fairness equality and access upheld in the justice system
Fairness: Fairness is upheld by the courts offering of legal representation meaning you can present your case in the best possible way, a fair an impartial judge, and the ability for defendants to appeal to a higher court if they believe the outcome was not correct or unfair.
Equality: equality, in the justice system, is upheld by the use of a jury in all indictable offences and the rules of evidence and procedure applying to everyone the same.
Access: Access is upheld by legal representation as it helps you understand the justice system and you can therefore engage in an informed manner. Court hierarchy promotes access as it makes the court system more efficient which therefore leads to more access. Appeals promote access as the defendant has that oppurtunity to appeal to a higher court if they believe the outcome was not correct.
Explain the difference between indictable offences, summary offences and indictable offences heard summarily.
Summary offences are minor offences that are dealt with by a magistrate alone and can be heard in the absence of the accused. Whereas an indictable offence is a more serious offence that must be heard in front of a jury in a county or supreme court and cannot be heard in the abaence of the accused. An indictable offence heard summarily is an option for the defendant if the max imprisonment for their offence is 10 years or less. This means that their offence will be heard summarily in the magistrates court in hopes to get a lesser sentence.
Describe what is meant by the terms ‘standard of proof’ and ‘burden of proof’
Standard of proof refers to the level to which the prosecution must prove their case, in a criminal case this is beyond reasonable doubt. The burden of proof refers to the party who is responsible for proving the case, in a criminal case this lies on the prosecution.
Define the presumption of innocence
The presumption of innocence refers to the essential human right that an accused person is treated as innocent until proven otherwise.
This can be reversed in special circumstances.
explain the rights of an accused
The rights of an accused include;
The right to be tried without unreasonable delay: Delays can cause unnecessary hardship to an accused person and may impact fairness as witnesses may have difficulty remembering details. No exact measurement of time however some limits are (summary offences must be heard within 12 months, matters against a child within 6 months)
The right to silence: The accused does not need to actively defend themselves as the burden of proof is on the prosecution. -Jury cannot make a negative inference from silence.
The right to trial by Jury: Justice is a community responsibility and those charged with serious offences should be tried by their peers.
Explain the rights of a victim
The rights of a victim include;
The right to give evidence using alternative arrangements: Victims are often the most valuable witnesses in criminal proceedings, therefore they must feel comfortable when giving evidence.
The right to be informed about the proceedings: It is legally madated the police and prosecution must update the victim of a crime regulary and at ‘reasonable intervals’. This ensures the victim has access to closure.
The right to be informed of the likely release date of the offender: This allows them to make adequate preperations to ensure they can avoid traumatic situations.
How do the rights of victims uphold the principles of justice
Fairness: Giving evidence using alternative arrangements is done in a way that still promotes fairness, as it enables the evidence to still be tested, whilst supporting the victim
Equality: Rights of victims applied equally to all victims of crime who are eligible
Access: Both being informed about proceedings and knowing the likely release date allows a victim to have information and actively engage with the justice system. Also evidence using alternatibve arrangements as it allows the victim to still engage in the justice system.
How do the rights of an accused uphold the principles of justice
Fairness: The right to silence is connected to the presumption of innocence and burden of proof, both supporting fairness
Equality: All accused persons charged with an indictable offence have the right to trial by jury, thus equal
Access: Being tried without unreasonable delay should reduce delays, which can lower costs therefore promoting access
how do the rights of a victim not uphold principles of justice
Fairness: Alterative arrangements may make the jury more likely to believe the accused is guilty, therefore removing impartiality/adding bias
Equality: Rights of victims may outweigh rights of the accused, therefore not equal
Access: Some rights provide the victim with information, but don’t allow them to actively participate meaning they can’t truly engage with the justice system
how do the rights of an accused not uphold principles of justice
Fairness: Juries are not legally trained, meaning they may hold biases against certain people or groups, removing impartiality and fairness.
Access: Speeding up a case too much may not allow an accused person to access the required support, reducing their ability to engage
