LEGAL PRINCIPLES OF JUSTICE

Question 1

What is the principle of fairness?

Answer 1

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

Question 2

How is the principle of fairness shown?

Answer 2

• Right to a fair trial for all parties
• All court personnel must be independent, impartial and unbiased
• Hearings are public, allowing the community to attend the hearings
• An accused has the opportunity to know the case against them and prepare a defence

Question 3

What is the principle of equality?

Answer 3

All people engaging with the justice system and its processes should be treated in the same way, if the same treatment creates disparate disadvantaged, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

Question 4

How is the principle of equality shown?

Answer 4

• A person who does not understand or speak in English can have an interpreter
• Some court processes may be changed for specific needs of parties (eg. mentally impaired or First Nations people)
• A person that is self represented may need help understanding processes and rights

Question 5

What is the principle of access?

Answer 5

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

Question 6

How is the principle of access shown?

Answer 6

• Access to legal institutions that make decisions or provide legal advice
• Being informed about cases
• Provide legal representation for those that cannot afford it

Question 7

What are the strengths of juries?

Answer 7

• Juries have less prior assumptions than the judge alone (fairness)
• Convincing 12 people rather than just 1 - more likely to reach a proper and generally agreed verdict (fairness)
• Reflect on the community’s values (fairness)
• Trial by peers (equality and fairness)
• Keeps court processes open to public (access)

Question 8

What are the weaknesses of juries?

Answer 8

• Juries can be very biased/opinionated (fairness)
• Questioning the ability of people who have no legal education/experience to determine a case
• No reasons given for the decision (fairness and access)
• Waste of resources (length and costs of trials)
• Not all community members can take part due to being disqualified, ineligible or excused (fairness)