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Principles of Justice
Terms in this set (6)
Fairness is the impartial treatment of all people without fear or favour. It means that everyone should be treated fairly throughout the whole legal process, that is being arrested all the way to trial or hearing. It does not, however, mean that all people are treated the equally as being treated the same may result in unfairness.
Examples of Fairness
- Being able to exercise rights (E.g: Right to silence)
- Being legally represented by a fair and competent lawyer
- Having an impartial judge/magistrate
- Burden and Standard of proof
- Jury is picked randomly
Equality means that all people are treated the same so that people are not advantaged or disadvantaged, regardless certain characteristics and attributes such as age, skin colour, sex and religious beliefs. This may contradict with fairness as it may be unfair to treat everyone the same as all people have different circumstances. Therefore it is the role of the legal system to balance the two principles of justice so that everyone in the process is treated equally yet fairly,
Examples of Equality
- Both parties have competent legal representation
- Independent and impartial judge/magistrate
- Both parties can call witnesses
- Both parties can challenge jury
Access is the ability of citizens to access the legal system and understand their rights and responsibilities. All members of society should have the rights and opportunities to use the legal system to present and prove their case.
Examples of Access
- Legal Aid
- Open hearing
- Able to access a fair and competent lawyer
- Right to understand their rights (during arrest, in court e.c.t)
- Right to have access to appeal
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