Natural Justice in Australia's Legal System - Assignment Example

QUESTIONS Identify whether the following do or do not reflect the notion of natural justice in Australias legal system, and briefly explain youranswer. (a) trial by jury (b) access to an interpreter when arrested (c) badgering witnesses during a trial (d) legislated penalties for particular offences (e) negative media coverage of an offender prior to trial. Trial by jury is a vital part of natural justice. For most crimes everyone should have the right to have the evidence considered by their peers. Access to an interpreter is also an aspect of natural justice. Not everyone in Australia speaks English. In order for people to understand their rights and the charges against them they will need an interpreter. Badgering a witness is not a part of natural justice. Everyone should be treated respectfully and fairly. Badgering someone is sharp practice and not permitted. It is debatable whether legislated penalties are good or bad. Mandatory sentencing has been a trend in the international criminal justice system for some time, especially in the U.S. It is sometimes called mandatory minimum sentencing. In a way, it is a reaction to criticism from the right that judges are too activist and are given too much discretion in how they sentence criminals. These people believe that judges should have less discretion and that they should not be permitted to give less than the minimum sentence for various crimes. There are good and bad sides to mandatory sentences. It provides certainty in the system and is a good way for society to say how much they condemn certain crimes. It is a way of saying no matter what the circumstances of the particular crime, it is bad enough that you will at least be doing this amount of time. It also strengthens that hand of prosecutors who are looking for plea bargains. They can guarantee to the accused that they will spend X amount of years in prison if they dont confess or implicate their accomplices. On the negative side, when this policy is applied to people arrested for possession of marijuana the result is massive amounts of people incarcerated at taxpayers expense. Negative media coverage of an offender is not a part of natural justice, but it is impossible to stop. It may taint the jury pool and make it very difficult for an offender to achieve a fair trial. 2. Identify and explain the three main principles that underpin natural justice. There are many principles that underpin the idea of natural justice. The first principle is that people should have a right to answer the charge against them. They cant be locked up without a trial or a chance to have the evidence heard. Second, it is important for the justice system and the judge to be impartial. You cant judge a case in your own favour. There can be no conflicts of interest. A third and final important principle is that justice must be seen to be done. The act of justice cannot bring justice into disrepute. If that happens people will lose confidence in this system. 3. Identify two sources of authority (eg relevant treaty, declaration and any relevant legislation) for the following three human rights: (a) Equality under the law without discrimination (b) Protection against arbitrary arrest, detention or exile (c) Right to vote. (a) UN Declaration of Human Rights, Human Rights Commission Act, 1981 (b) UN Declaration of Human Rights, Australian case of Bales v Parmeter (1935), Habeas Corpus (c) UN Declaration of Human Rights and the Australian Constitution (in Roach v Electoral Commissioner) 4. Article 3 of the Universal Declaration of Human Rights states that “Everyone has the right to liberty and security of person”. Explain how this right impacts upon offenders and their victims. This article means that you cannot be put into prison unless you have done something wrong. A police man cant detain you unless your detention is required to preserve principles of fundamental justice. For victims this means that if someone hurts you the law can step in to punish them. 5. In recent years, the Queensland Police Service launched their “One Punch Can Kill” campaign. This can be found on the Queensland Police Website under the One Punch Can Kill link. It has also been included for you at the end of this document (Case Study #1). Access this site to answer the following questions: http://www.police.qld.gov.au/programs/personalSafety/situationalAdvice/onePunch.htm (a) In addition to young men aged between 15-25 years, who is the program trying to reach, and why? The program also aims to reach out to women who can influence young men. It is hoped that they will support the program and convince young men that it is OK to walk away from a fight. (b) What are some of the social effects of alcohol related violence? There are many terrible effects of this kind of violence. It can result in a permanent criminal record and an inability to obtain a passport. Worst of all, if someone is injured or died there is a seriously negative effect on their family and the family of the offender. 6. Why do crimes such as domestic violence and rape often go unreported? Provide at least four (4) reasons in your answer. It is a tragedy but it is true. Domestic violence and rape often go unreported in Australia. One reason for this is that women in these situations are pressured by their partners not to report the crime. A second reason is that women may not trust the system to do anything about it. A third reason is that women may feel ashamed. A fourth reason may have to do with the dynamics of the relationship, perhaps they think that their partner will change and stop being violent. 7. Thinking in terms of social and criminal justice, provide four (4) explanations for the over-representation of Aboriginal people in Australian prisons. In your answer, also provide one example of how the Australian Government is responding to this inequality. One of the tragedy of the Australian criminal justice system is the number of Aboriginals in prison. There are many explanations for this. First, aboriginals tend to have less educational opportunities; second, aboriginals tend to be poorer; third, aboriginals tend to be more likely to be addicted to drugs or alcohol; and fourth, aboriginals tend to have less strong family structures. All of these things contribute to this problem. One potential solution is for the Government to spend more money on social programs in Aboriginal communities. That may help alleviate the problem. 8. The increase in alcohol fuelled violence has been addressed by the Queensland Government introducing a 3.00am lockout for all licensed venues. This means that patrons cannot enter a pub or a club after the lockout. Identify three (3) social justice issues which may have influenced this response, and explain your answers. The violence caused by alcohol does real harm to Australian communities. Strong action was necessary. First, some alcoholics need to be protected from themselves and this requires them to be locked out of establishments. Second, nefarious establishments are hard to control. They have to be locked up to prevent them from selling. Finally, it is in the interests of social justice to prevent drunks from being on the street late at night. Closing bars at 3 a.m. helps to prevent this. 9. Although the Australian Government provides free education to all children regardless of family income or status, what social inequalities may impact upon a childs ability to achieve academic success? Give three (3) examples and explain your answers. There are a number of inequalities which can impact on a childs education. One is the socio-economic status of a childs parents. They may not encourage the child to seek an education and they may not provide the appropriate role models. Another example is housing. If a child lives in poor housing it can effect their ability to perform as they may be cold and wet. A final example is health. Health outcomes are closely tied to socioeconomic factors. If a child is ill, they will miss school time. 10. Identify and explain the key elements of moral panic identified by Goode & Ben Yehusa. Refer to the case (Case Study #2) of convicted paedophile Dennis Ferguson to illustrate the presence of these elements in that case. There are a number of elements which may produce a moral panic. One of the most common is for parents to hear of pedophiliac acts occurring in the neighbourhood. There are many examples of people turning vigilante. One of the elements of this kind of panic is to ignore the rule of law and common sense. Principle such as innocent until proven guilty are thrown out the window. In the case of Ferguson these elements were exemplified. The media hounded him without evidence he was the perpetrator. He was the victim of moral panic. Works consulted Office of the Queensland Parliamentary Council: http://www.legislation.qld.gov.au/OQPChome.htm ComLaw: www.comlaw.gov.au Queensland Courts website: www.courts.qld.gov.au White, R & Perrone, S (2005) Crime and Social Control, 2nd edition, Oxford University Press White, R & Haines, F (2008) Crime and Criminology, 4th edition, Oxford University Press Read More