Principles of Justice Quiz

Study Notes

Principles of Justice

Fairness focuses on equitable legal processes, impartial hearings, strict rules of evidence and procedures, and equal legal rights for the accused and victims.
The Presumption of Innocence is crucial to fairness, ensuring that individuals are assumed innocent until proven guilty.
Although fairness aims for impartiality, mitigating and aggravating factors can justify different treatment for achieving a just outcome.
Equality prioritizes equal treatment before the law and equivalent opportunities for all to present cases.
The Jury system and appeal avenues promote equality, ensuring fair representation and a chance to challenge decisions.
Equal sanctions for similar crimes and balanced application of rules are also essential.
Access guarantees understanding legal rights, with accessible means to pursue cases, like Legal Aid, community legal centers, interpreters, pre-trial procedures, and evidence as a vulnerable witness.
Access should not be limited by cost, language, or disability.

Key Concepts in the Criminal Justice System

Summary Offences are minor crimes handled quickly by a Magistrate in the Magistrates' Court without a jury.
These offences are typically less severe and listed in the Summary Offences Act 1996. Examples include common assault, speeding, and tattooing of minors.
Indictable Offences are more serious crimes heard in higher courts with a judge and jury of 12.
These offences require the presence of the accused and are usually covered by the Crimes Act 1958. Examples include murder, manslaughter, kidnapping, and stalking.
Indictable offences heard summarily are a subset of indictable offences that can be heard by a Magistrate, but the punishment must not exceed 10 years' imprisonment and must be with the agreement of the accused.
This allows for quicker resolutions of certain indictable offences in the Magistrates' Court, promoting access to justice.
The burden of proof rests on the prosecution in criminal cases, meaning they must prove the accused's guilt.
The standard of proof in criminal cases is "beyond a reasonable doubt," requiring overwhelming evidence to convict an accused.
This high standard protects against wrongful convictions and reinforces the principle of fairness.
The presumption of innocence ensures that the accused is assumed innocent until proven guilty. This protects against self-incrimination and allows the accused to remain silent without being forced to prove their innocence.
The presumption of innocence is upheld by the burden of proof and standard of proof, requiring a high level of evidence to secure a conviction.

Rights of the Accused

Accused individuals have several fundamental rights, including **the right to a fair trial, the right to legal representation, the right to remain silent, the right to be presumed innocent until proven guilty, the right to a fair trial, the right to a fair hearing, and the right to access a lawyer. **
These rights are protected by the constitution and legislation, and ensure a fair and impartial justice system.
The right to legal representation is essential, particularly for those who cannot afford legal assistance.
Legal Aid and community legal centers provide support to individuals who may need assistance with legal matters.
Pro bono legal services are also offered by some lawyers, who contribute their time to assist disadvantaged individuals.
The right to remain silent is crucial in protecting individuals from self-incrimination and ensures that they are not pressured to provide evidence against themselves.
The right to a fair hearing guarantees that the accused is given a fair opportunity to present their case and challenge the prosecution's evidence.