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17.7 Justice Concepts — Quick Reference

Justice

  • Definition: The use of laws to treat people fairly and in a way that is morally right.

Legally Right • Morally Right • Ethically Right

  • Legally Right: Right according to the law.

  • Morally Right: Right according to standards a person thinks is correct, proper, just.

  • Ethically Right: Right according to a code of conduct, for example, according to professional standards.

Key principles of Australia’s legal/justice system

  • The rule of law

  • The right to a fair trial

  • The right to legal representation

  • Presumption of innocence

  • Burden of proof

  • The right to appeal

Rule of Law

  • The rule of law: all citizens are subject to the law and equal before the law, upheld by independent courts.

  • Laws are the rules we must follow within a society; they define our rights and responsibilities.

Rule of Law — breakdown

  • Power is separated across the three branches of government.

  • Laws are made by the legislature, administered by the executive and applied by the judiciary.

  • Judges must make decisions independently, without being told what to do.

  • Laws are applied to everyone equally, without discrimination or special privileges.

  • Everyone should know about the law so that everyone can obey the law.

  • We cannot be punished for an act that does not break any laws.

  • We cannot be punished for an act that was committed before a law was created to make it illegal.

Right to a Fair Trial

  • The right to be sure the legal process will be fair and certain.

  • An adversarial system: defence and prosecution present arguments to a judge or magistrate.

  • A fair trial means: race, sex, characteristics or any other factors not related to the crime should not affect the outcome.

  • Accused and accuser are treated equally with the same opportunity to present arguments.

  • Impartial, independent, unbiased judges.

  • The court is separate from the government and without political bias.

  • Transparency: public access to court proceedings (with exceptions).

Right to Legal Representation

  • The right to access a qualified legal practitioner (e.g., attorney).

  • Translation services or interpreters for those with hearing disabilities or who do not speak English.

Burden of Proof

  • Criminal trial: burden on the prosecution.

  • Standard of proof: beyond a reasonable doubt.

  • Civil case: burden on the complainant.

  • Standard of proof: on the balance of probability.

Presumption of Innocence

  • All accused are presumed innocent until the prosecution proves guilt.

  • Human right and guiding principle in democracies.

Right to Appeal

  • If not satisfied with the outcome, the case can be reviewed in a higher court.

  • Grounds: new evidence; perceived unfairness in the trial (e.g., biased jury).

  • Higher court may reverse or confirm the judgment; may find the original sentence insufficient.

Trial by Media

  • Jury and court participants must not be influenced by media.

  • Police should not make statements about guilt.

  • Media ethics prevent publishing personal information about a suspect before conviction.