7.2 - principles of justice Flashcards
(8 cards)
definition of fairness
all people can participate in the justice system and its processes should be impartial and open
how does the justice system uphold fairness
the police and courts have rules that they must follow such as presumption of innocence. fairness also requires courts to be open to the public. and the accused must be able to know the case against them and have an opportunity to present a defence
definition of equality
all people engaging with the justice system and its processes should be treated in the same way. if the same treatment creates disparity then adequate measures should be implemented.
what are the features of equity
formal and substantive
what is formal equity
formal equity means treating everyone the same no matter what
what is substantive equity
substantive equity is using measures which will account for disadvantage
definition of access
all people should be able to engage with the justice system and its processes on an informed basis
how does justice system uphold access
engagement which is like physical access to the courts and financial access to legal representation. also informed basis which is affordable or provided legal representation and to use the legal system one has to undertsand it