Legal Studies Unit 1 Aos3

Principles of Justice

Fairness, Access, Equality

Fairness Definition

all people should be able to understand their legal rights and pursue their case

fairness features

• all people can participate and processes should be impartial and open

• when disputes arise - all parties receive fair hearing (treated impartially without bias)

• people should have opportunity to present case and rebut

• impartial: important part of fairness b/c it links to the judgement being unbiased

• objectivity: dispute decided on evidence provided

fairness requirements

processes involved in determining a case should be fair/impartial:

impartial/unbiased judge/magistrate

independent and unbiased jury

prosecution disclosing case and info to accused

right to legal representation

Equality Definition

people should be equal before the law and have the opportunity to present case without advantage or disadvantage

Equality features

• more resource available (able to find more evidence, more money which allows a party to engage more quality and experienced legal reps

• if equality was not promised, creates disadvantages for: non english speaking background, no familiarity with legal system, criminal history, disability, aboriginals

• treated equally regardless of characteristics or attributes (race, religion, status, culture)

equality mechanisms

• in legal system mechanisms put in place that allow people to be treated differently so they can be treated equally (koori court, translators in court, legal aid, drugs court)

  • treating them the same way would create disparity/disadvantage adequate measures should be taken for them to engage in the legal system

• in some situations it will be required to make adjustments in order to have a party to the case equal e.g. provide an interpreter to someone that doesnt speak english

Access Definition

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

access features

• legal system makes it possible for people to use procedures/methods/institutions that help resolve disputes or determine civil case

• people should have the right to access info about their legal rights so they can understand when they may have been infringed

access includes

• access institutions that will make a final decision in a case

• have contact with bodies/institutions that provide legal advice, education, information and assistance

• have the ability to be informed about cases

access requirements

legal aid, legal representation, koori court

institutions that enforce criminal law

the police: victoria police and australian federal police

other delegated bodies: worksafe victoria and local councils

The Police

• enforce criminal law and maintain public safety

Police main responsibility

• main responsibility includes the prevention, detection and investigations of crimes

  • they have the authority to apprehend individuals suspected of committing criminal offences, gathering evidence and protecting crime scenes

other responsibilities of police

• provide assistance to victims, maintain order, enforce traffic regulations

• works with judiciary by submitting evidence and testifying in court

  • summary: police have power to prosecute cases in court

  • indictable: police undertake investigations, gather evidence, charge the accused persons

    • information gathered is then given to Office of Public Prosecutions who is responsible for prosecutions in court

police powers

summary: can prosecute the case in court

indictable: AFP collaborate with other law enforcement agencies and international bodies to ensure comprehensive crime prevention and enforcement

delegated bodies

delegated bodies: bodies in victoria are given authority by the Vic Parliament to enforce criminal laws

• they are delegated bodies as they are delegated power by the parliament to make/enforce laws

delegated bodies examples

work safe Victoria: responsible for enforcing occupational health and safety laws to ensure safe workplaces

local councils: enforces local laws/regulations (parking, animal control, public health)

delegated bodies responsibilities

maintains law and order within specific areas of jurisdiction, complementing the work of police forces