Principles of Justice in Civil Law
Fairness
Definition : Fairness in civil justice means fair processes and a fair hearing (or trial)
Fairness does not mean every plaintiff should have the same outcome or remedy for every dispute if the same nature
Fairness means there should be a fair hearing or trial, and that the processes involved at every step should be fair
Aspects the the CJS that Uphold / Don't upheld Fairness
Time
The availability of legal representation
Whether parties are able to understand legal processes and terminology
Whether parties have been treated impartially and without bias
The role of parties in resolving a civil dispute
Equality
Fairness in the Criminal Justice system**
Fairness means having fair legal processes in place and all parties receive a fair hearing
This principle of justice requires that legal processes, systems and institutions are fair and unbiased.
Definition Equality means that all peoples should be treated equally before the law, with an equal opportunity to present their case
No group or person should be treated favourably or unfavourably because of certain attributes or characteristics
The processes should be free from bias and prejudice, including the people who help to resolve a civil dispute
case
Aspects the the CJS that Uphold / Don't upheld Equality
impartiality of a judge and jury
the extent to which the CJS is available
The disadvantage that particular groups in society experience
The extent to which the availability and skill of legal representation impacts on people
The ability of people to be equally represented and able to present their case
The availability of legal representation to individuals who have little or no money
Equality in Criminal Justice system
Access
Definition Access means that people should e able to understand their legal rights and be able to pursue their claims (plaintiff or defendant)
People should be able to get information about their rights, when these rights have been infringed and what remedies may be available to them
People should be able to get information and use the procedures, method and institutions (courts and tribunals) that resolve disputes, provide legal advice and education, information and representations
Aspects the the CJS that Uphold / Don't upheld Acess
The availability of institutions, court and tribunals
Cost
Delays
The complex nature of the procedures involved in resolving a dispute
The availability of legal advice and assistance to parties
The formalities associated with hearing or trail
Access in Criminal justice system
equality means that all people are treated equally before the law, regardless of factors such as race, sex, age, gender or disability.
this principle of justice requires that all people be given an equal opportunity to present their case
Access means understanding of legal rights and ability to pursue their case
This principle of justice requires that all people, regardless of class or socio-economic status understand their legal rights and have the ability o pursuer their case