lesson 3 Flashcards
(18 cards)
What does fairness in the justice system entail?
All people can participate in the justice system and its processes should be impartial and open
Fairness ensures inclusivity and transparency in legal proceedings.
What does impartiality in court mean?
Court must act in a way that is impartial + independent to show no bias or discrimination
Impartiality is crucial for maintaining public trust in the judicial system.
Why are open processes important in the legal system?
Open court rooms allow media, reporters, clear guidelines for sentencing and regulations for selection and role of jury
Transparency in court processes helps ensure accountability.
What is necessary for effective participation in the legal system?
Individuals must be able to effectively participate in the legal system = through being aware of charges being laid against them, having time to prepare their case, being aware of evidence being brought up against them
Effective participation is essential for a fair trial.
Define equality in the context of the legal system.
Being treated the same way
Equality ensures that all individuals receive the same legal treatment.
What is meant by ‘same treatment’ in legal equality?
Formal equality whereby all individuals are treated the same and given the same levels of support regardless of who they are
This approach is a ‘one size fits all’ methodology.
Explain ‘different treatment’ in the context of substantive equality.
Substantive equality where the legal system treats people the same way but in doing so causes disadvantage or disparity; adjustments should be put in place to allow people to participate in the justice system
This approach recognizes that different individuals may require different levels of support.
What does access mean in the context of the justice system?
All people are able to participate in the justice system on informed basis
Access is crucial for ensuring that justice is available to everyone.
What is the significance of engagement with the justice system?
To engage with the justice system, people need to be able to use and participate in the system
Engagement fosters a better understanding and utilization of legal rights.
How does physical location affect access to courts?
The locations of courts in Victoria may limit access for people living in rural areas, causing additional hardships in travel to go to court
Geographic barriers can hinder justice access.
What is a financial barrier to accessing legal representation in Victoria?
Victoria legal aid is limited in its funding, affecting the ability to support people who don’t have the ability to pay for legal representation
Financial limitations can prevent individuals from obtaining necessary legal help.
What does informed basis refer to in the justice system?
Awareness of their rights
Being informed is essential for individuals to effectively navigate the legal system.
How does education impact awareness of legal rights?
People with higher levels of education are generally more aware of their rights + more thorough awareness of the legal system
Education plays a critical role in empowering individuals in legal matters.
What is the role of access to legal support services?
Having access to the legal support system can help people be more aware of the legal system
Legal support services enhance understanding and navigation of legal processes.
Why is legal representation important?
Having legal representation is one of the most effective ways that a person, particularly an accused person, can be informed about their rights
Legal representation can significantly impact the outcome of legal proceedings.
3 elements of fairness
open process, impartial process and participation
2 elements of equality
same treatment
different treatment
2 elements of access
engagement
- physical
- financial
informed basis
- education
- access to legal support
- legal representation
