Principles Of Justice Flashcards
(12 cards)
3 Principles Of Justice
Equality, Fairness, Access
What Is Equality Within The Law?
Laws should be applied to everyone equally and not provide exceptions or discriminately affect people based on their characteristics.
Measures Making Sure A Person Is Treated Equally- Someone That Is Self Represented
They may need more assistance from the judge or magistrate to understand processes or their rights
Measures Making Sure A Person Is Treated Equally- Someone That Doesn’t Understand/ Communicate In English
They may need an interpreter.
Measures Making Sure A Person Is Treated Equally- Someone That Needs Breaks
Those with disabilities, mental health issues or children.
Fairness Within The Law
One party is not allowed an unequal advantage over the other party, everybody is given an opportunity to present their case fairly and without discrimination with strict adherence to rules of evidence and procedures.
Fairness Within The Entire Legal System
Fairness does not just apply to a final hearing it applies to all aspects of our legal system, including our interaction with police officers and our right to understand allegations made against us.
First Feature Of Fairness- All Personnel Involved In The Legal System Must Be Impartial And Independant
Including Judges, Magistrates, Jury Members And Court Personnel
They should not show any bias towards or against ant party, and the case must be decided based on facts and law, and not on what a person thinks about a party in a case.
Second Feature Of Fairness- There Must Be Open Processes
This ensures transparency in processes, and it allows those processes to be scrutinised by the community and reported in the media.
Circumstances For A Court To Be “Closed”
For a court to be closed or for a dispute to be decided in private this must be under certain circumstances. For example, in a criminal case, sometimes the courtroom is closed to the public to protect young witnesses such as children.
Third Feature Of Fairness- All People Should Be Allowed To Participate In A Case
- A person must have the opportunity to know the facts that are raised against them
- The person defending their case must have the time and facilities to prepare a defence, and should have the opportunity to present their defence in court.
- The case should be heard in a timely manner and without unreasonable delay
- Able to engage and use a lawyer to enable them to participate
- Able to engage and use an interpreter if they are not able to understand or communicate in english.
Access Within Laws and Trials
Laws are freely known and people can access the laws themselves. Within the trial process, this means people affected by the legal system can access help and advice related to their case and circumstances.
