Presumption Of Innocence Flashcards
(45 cards)
Rule
Non-legal rules (regulations/codes/policies) made by private individuals or groups in society, enforced in various ways by said maker. They only apply to a specific group of people. E.g From households, schools workplaces, departments, sports
Laws
Legal rules made by legal institutions (parliaments or the courts) that apply to society and are enforceable by the courts and the police.
Federation date
1st January 1901
Parliament
A formal assembly made up of representatives of people who are elected by the people to make laws, with the exception of the Governor General who is appointed. There are 9 parliaments in Australia
Significance of the constitution
Establishes:
Parliament- two houses, directly chosen by the people, represent the people
Lawmaking Powers of Cth & states - division of powers, express powers, residual powers, Cth supremacy
The judicial role of the High Court - only the court interprets the Constitution, determine if Parliament is outside jurisdiction, final court of appeal
Constitution can be changed - referendum with double majority (51% and 4/6 states)
Social cohesion
Describes the willingness of members of a society to co-operate with each other in order to survive and progress
Indicators of a societally cohesive society
- people can work and improve their education
- individuals feel a sense of acceptance and belonging
- individuals are fairly treated and not discriminated against
- there is active and effective participation in government and community based organisations by community members
- the legal system treats individuals equally and promotes accessibility
Indicators of a dysfunctional society
- high levels of crime
- frequent and large protests
- high reoffending rates
How individuals can promote social cohesion
By following the law.
Individuals are not expected to know and understand every law in Australia, but it is their responsibility to follow laws once they’re aware of them. Individuals can also campaign for change against unfair laws
How the law can promote social cohesion
Laws set up guidelines for what is acceptable, create boundaries to protect individuals, and establish the ‘rule of law’ (principle that everyone in society is bound by the law and must obey the law)
How the legal system can promote social cohesion
By ensuring that institutions exist to effectively create, implement and enforce the law, including:
Parliament (represent the views of their voters when making lawmaking decisions)
Police (fairly enforce the law)
Courts (apply the law and determine if an individual has broken the law)
Flexible Sanctions (options such as fines, community corrections and imprisonment)
Fairness
All people can participate in the justice system and its processes should be impartial and open
impartial processes
all Personnel within the legal system including the judge magistrate jury members Court Personnel must act in a way that is impartial and independent to show no bias or discrimination
open processes
Court processes must be transparent - open courtrooms to allow media reporters, clear guidelines for sentencing and regulations for selection and role of the jury
participation
individuals must be able to effectively participate in the legal system through being aware of charges laid against them having time to prepare their case being aware of the evidence brought against them
equality
all people engaging in the justice system should be treated in the same way if the same treatment creates disparity or disadvantage adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
same treatment
this refers to formal equality whereby all individuals are treated the same and given the same levels of support regardless of their personal differences or characteristics such as race religion gender identity or Age this idea of equality adopt thr one size fits all approach
different treatment
this refers to substantive equality whereby if the legal system did treat people in the same way but in doing so causes disadvantage or disparity then measures/adjustment should be put in place to allow people to participate in the justice system this is when the one size fits all approach doesn’t work
Access
All people should be able to engage with the justice system and its processes on an informed basis.
Engagement
To engage with the justice system, people need to be able to use and participate in the system.
• Physical access - the location of courts in Victoria - This may lead to people living in rural areas having limited access or having to endure additional hardships in travel time to go to court.
Financial access - Victorian Legal Aid is limited in its funding and thus ability to support individuals who do not have the means to pay for legal representation. People should not be prevented from defending their case because they do not have the financial means to do SO.
Informed basis
• Education - individuals with higher levels of education are generally more informed about their rights + more thorough awareness of the legal system. Information published by courts should be printed/produced in plain-English to support those with lower literacy levels.
Access to legal support services - having free access to legal support services can help people be more informed about their rights e.g include going to generalist community legal centres that are located in particular suburbs or specialist community legal centres such as those specifically designed to assist women or refugees
Legal representation - having legal representation is one of the most effective ways that a person, particularly an accused person can be informed about their rights + legal processes.
Reflect society’s values
A value is a belief, principle or idea about the way we should behave and treat others, which are deemed important to uphold.
As laws regulate and restrict our actions, it is vital that they are acceptable to the community. If a law is accepted within society, members are more inclined to follow it.
This is a major reason for law reform, as laws must change with to align with current societal values.
Enforceable
If it were not possible to reprimand those who break the law, people would be less inclined to follow it.
Those who break the law may be apprehended and charged in a criminal case or sued in civil proceedings.
The law is enforced in Australia by the courts, various government bodies and the police.
Known
The public must be aware of a law
in order to follow it. Law makers must keep public informed of new laws or major changes to laws - these are usually reported and debated in media before being introduced.
However, it is the responsibility of individuals to find out what the law is on matters that affect them. Ignorance of the law is no excuse.
Proceedings from Federal Parliament are broadcast on television and radio and new legislation is published in the Government Gazette