Year 9 Politics and Law 1

based on the Western Australian curriculum year 9 politics and law course

6 key principles of natural justice

1. the right of a person to participate in legal proceedings in which they have interest

2. the right of the person accused of wrongdoing (defendant) to know the accusation made against them

3. the right of the defendant to have a hearing, during which they are able to present evidence

4. the right to have a matter heard before a court which is free from bias

5. the right to test evidence presented in the case

6. the right of the accused to not have previous criminal convictions or accusations brought up during the trial.

the right of a person to participate in legal proceeding in which they have interest

key principle of natural justice → people must be allowed to be present when legal decisions are made that affect them

the right of a person accused of wrongdoing (the defendant) to know the accusation made against them

key principle of natural justice → the defendant should be told what they are being accused of, which allows them to prepare their case

the right of the defendant to have a hearing, during which they are able to present evidence

key principle of natural justice → courts must allow people to present evidence that supports their case

the right to have a matter heard before a court that is free from bias

key principle of natural justice → judges and juries must only look at evidence and not let personal feelings and opinions or past experiences influence their decisions

the right to test the evidence presented in the case

key principle of natural justice → each side can question the witnesses who give evidence for the opposing side.

the right of the accused to not have previous criminal convictions or accusations brought up during the trial

key principle of natural justice → past convictions and mistakes shouldn’t be used against someone unless they are directly related to the case

5 key features of the rule of law

1. independent judiciary

2. the accused should not be forced to incriminate themselves

3. legal defence must operate without interference

4. accused must be informed of allegations

5. criminal laws must never be retrospective

rule of law

the principle that all people are equal and must obey the law, and it eliminates the use of arbitrary power and ensures the laws are followed by everyone.

4 factors that undermine justice

1. coercion of suspects and witnesses

2. corruption

3. court delays

4. trial by media

coercion of suspects and witnesses

factors that can undermine justice → legal processes must be followed when investigating a crime to ensure suspects and witnesses are treated fairly.

it undermines justice as suspects or witnesses may feel forced to answer questions against their will

corruption

factors that can undermine justice → dishonest or unethical behaviour that causes people to break the rules for their own gain.

it undermines justice as one side has an unfair advantage

eg. bribery

court delays

factors that can undermine justice → court delays can be caused by lack of legal assistance for those who can’t afford a lawyer, complex and time-consuming processes, and increasing complexity and number of cases.

it undermines justice as it doesn’t give people fair access to the legal system as it increases cost and emotional stress, and reduces the ability of witnesses to recall evidence.

trial by media

factors that can undermine justice → the impact of media coverage on a person’s reputation and their crime can create a perception of guilt or innocence before going to court.
it undermines justice as it eliminates the presumption of innocence.

natural justice

the principles ensuring that the court process is fair for those involved

justice

society’s concept of fairness, which requires that legal processes are based on consistently applied rules in an unbiased manner, and that individual laws are based on social values and human rights

solicitor

people who engage in prepatory work and advice for a court case

barrister (not baristas :))

lawyers who represent their clients before courts

plaintiff

the party in a civil case that is initiating the case for improper or unlawful behaviour from the defendant

judge

an experienced solicitor or barrister who has been appointed as head of the court

prosecutor

the party in a criminal case that is responsible for proving the accused guilty

accused

the party accused of committing a crime in a criminal case

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sorry for the jumpscare im bored but i have to keep my 100% humanities score streak 😭😭😭😭😭

defendant

the party in a civil case being accused of being improper or unlawful

jury

a body of randomly selected people sworn to give a verdict in a legal case on the basis of evidence given in court