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Hass Principles of Justice (John Button)

Principles of Justice: Summary Notes

  1. Equality Before the Law
    Everyone must be treated the same under the law, no matter their status, wealth, or power.

  2. Presumption of Innocence
    A person is considered innocent until proven guilty in court.

  3. Fair and Public Trials
    Trials should be open, unbiased, and give all parties a chance to defend themselves.

  4. Access to Justice
    Laws must be clear and understandable. Everyone should know their rights and how to get legal help.

  5. Independent Judiciary
    Judges must make decisions free from outside pressure or government influence.

  6. Legality
    People can only be punished for breaking laws that existed at the time of the action.

  7. Transparency
    Laws and court decisions must be made openly so people understand how and why they were made.

  8. Checks and Balances
    Power is shared between different branches (like courts, parliament, government) to avoid abuse.

  9. Accountability
    Leaders and officials must follow the law and can be challenged or punished if they don't.

  10. Freedom of Expression and Criticism
    People have the right to speak out about unfair laws and demand justice.

Additional Justice Rights and Protections

  1. Right to Legal Representation
    Everyone has the right to a lawyer for a fair defence.

  2. Right to Appeal
    People can challenge a court decision if they believe it was unfair or incorrect.

  3. Jury System
    Citizens help decide serious criminal cases to make the process fairer and more balanced.

  4. Due Process
    All legal steps must be followed correctly before someone is punished.

  5. No Arbitrary Detention
    You cannot be arrested or jailed without a valid legal reason.

  6. Equality of Outcomes
    Laws should aim to give fair results, not just equal treatment at the start.

  7. Burden of Proof on the Prosecution
    The state must prove guilt; the accused does not need to prove innocence.

  8. Double Jeopardy
    A person cannot be put on trial twice for the same offence if found not guilty.

  9. Protection from Torture or Cruel Treatment
    The justice system must respect human rights and dignity.

  10. Right to Remain Silent
    A person does not have to answer questions that could be used against them in court.