Natural Justice Essay Flashcards
(29 cards)
What does the principle of Open trials reinforce?
The strengths of the adversarial system when upheld
It emphasizes that all court proceedings should be subjected to public and professional scrutiny.
What happens if court proceedings are not subjected to the public?
The principle of Open trials is conflicted
Under what circumstances may judges hold a trial in camera?
To protect vulnerable witnesses or sensitive information
Examples include children or confidential data.
How does the principle of open trials contribute to community confidence?
It allows the public to see that justice is being administered equitably and the rule of law is upheld.
Who was convicted in the case related to the Claremont serial killings?
Bradley Robert Edwards
What was unique about the Supreme Court of Western Australia’s handling of the Edwards case?
They live-streamed the verdict delivery and parts of the trial
This was a rare move that reinforced the principle of open justice.
What role did journalists play in the Edwards trial?
Provided extensive coverage, keeping the public informed about evidence, testimonies, and legal arguments.
What did the judge in the Edwards case do to promote transparency?
Provided detailed, step-by-step reasoning for his decisions throughout the trial.
What was the main issue with the Witness K trial?
It failed to uphold the principles of natural justice, specifically having open trials.
Why were the proceedings of the Witness K trial conducted under secrecy?
Due to national security concerns.
How did the lack of transparency in the Witness K trial affect public trust?
It eroded public trust in the judicial system.
What does the case of Witness K highlight about accountability in judicial proceedings?
The court’s inability to hold public sessions obstructed effective accountability.
What do both the Edwards and Witness K cases demonstrate about the adversarial system?
The importance of the principle of natural justice.
Fill in the blank: The case of Witness K reflects the undermining of open trials through _______.
the secrecy of national security concerns.
What does impartial adjudication in natural justice mean?
The decision-makers must be unbiased and not personally invested in the outcome.
What must a jury or judge do if a conflict of interest occurs?
They must recuse themselves.
Who was convicted for the murders of Jane Rimmer and Ciara Glennon?
Bradley Edwards.
What years did the disappearances of the young women in Claremont occur?
Between 1996 and 1997.
Why was a judge-alone trial chosen in the Bradley Edwards case?
Concerns over bias due to extensive media coverage.
What was the aim of removing the jury in the Bradley Edwards trial?
To ensure the decision-making process was not tainted by public opinion.
What is the significance of the Lindy Chamberlain case?
It exemplifies how impartial adjudication was undermined.
What was Lindy Chamberlain wrongfully convicted of?
Murdering her infant daughter Azaria.
What did Lindy Chamberlain claim happened to her daughter?
A dingo took the child.
How did the media coverage affect the Lindy Chamberlain case?
It fueled public opinion against her, affecting jurors’ perspectives.
