The Principles of Justice PDF

The principles of justice Unit 1 AOS 1 Topic: The principles of justice Learning Intention: To develop an understanding of the principles of justice: fairness, equality and access Success Criteria: I can… Define key legal terminology Discuss the principles A multi-faceted of...

The principles of justice Unit 1 AOS 1 Topic: The principles of justice Learning Intention: To develop an understanding of the principles of justice: fairness, equality and access Success Criteria: I can… Define key legal terminology Discuss the principles A multi-faceted of response. justiceYou must draw attention to benefits AND limitations (strengths AND weaknesses). “However, …” “One limitation is…” “On the other hand, …”  Area of Study 1- Legal Foundations On completion of this unit the student should be able to describe the main sources and types of law, and evaluate the effectiveness of laws. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 1. Key Knowledge Key Skills the role of individuals, laws and the legal system in define key legal terminology achieving social cohesion and protecting the rights of individuals research and analyse relevant information about the the principles of justice: fairness, equality and access sources and types of laws characteristics of an effective law, such as reflecting classify a law according to its source and type society’s values; is enforceable; is known; is clear and understood; and is stable explain the role of individuals, laws and the legal an overview of the roles of the parliament and the courts system in achieving social cohesion and protecting the and their relationship in law-making rights of individuals sources of law such as common law and statute law explain the role of and relationship between an overview of, and reasons for, the Victorian court parliament and the courts hierarchy justify the existence of the Victorian court hierarchy types of law such as criminal law and civil law the distinction and relationship between criminal law and discuss the principles of justice civil law. evaluate the effectiveness of laws. The principles of justice There are three principles of justice, which are used to evaluate and determine if justice has been achieved. These are: Fairness Equality and Access These three principles are used as a way to determine whether the justice system is achieving its intended purpose.  Key Fairness words! Fairness is the principle that all people can participate in the justice system and its processes should be impartial and open.  Fairness Fairness is the principle that all people can participate in the justice system and its processes should be impartial and open. Impartial processes: Judges, magistrates, jury members, and court personnel must be impartial and independent; this means that they are not influenced by personal connections, politics, or religion. The case must be decided on facts and law only, and not on what a person thinks about the party (e.g., the accused) in a case. Open processes: This ensures transparency in processes and allows these processes to be scrutinised by the community and reported on in the media. There are some circumstances, though, where a court may need to be ‘closed’ to the public and the dispute resolved in private. Participation in processes: All people, regardless of who they are, should be able to participate in a case. This includes knowing the facts and evidence of the case in advance so that an accused can prepare a defence. This overlaps with the principle of access.  Equality Key Equality is the principle that all people engaging with the word justice system and its processes should be treated in the same s! way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.  Equality Key Equality is the principle that all people engaging with the word justice system and its processes should be treated in the same s! way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or Samedisadvantage. treatment: All people, no matter their personal characteristics, should be given consistent opportunities within the justice system and viewed as equal; this is part of the rule of law. For example, two people charged with the same criminal offence should be given similar sanctions in cases with similar facts. Adequate measures: If providing the exact same treatment causes someone to be disadvantaged, then the justice system must support the individual in a way that removes the disadvantage and gives them ‘equal footing’ again. For example, an accused person who does not understand or communicate in English should be provided an interpreter to allow them to present their case. This overlaps with the principle of access.  Access Key words! Access is the principle that all people should be able to engage with the justice system and its processes on an informed basis.  Access Key words! Access is the principle that all people should be able to engage with the justice system and its processes on an informed basis. Engaging justice: All people should be able to use and participate in the justice system. This includes being able to access (go to) the institutions that make decisions about cases (physically and/or through technology) and being able to afford and receive support from institutions that provide legal advice to parties. This also means that people should be able to have their case resolved without unreasonable delays. This may mean providing additional supports to disadvantaged groups. Informed basis: All people should be able to understand and participate in the justice system. This includes parties being able to understand their legal rights and court processes. Parties should be able to find, or be provided with, enough information to make reasoned and sensible decisions (e.g., about whether or not to plead guilty). This may mean providing additional supports to disadvantaged groups.  Coursework Must Should Could Read the textbook chapter Complete examine and Complete reflect and apply questions evaluate questions Complete all remember and understand questions