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VICLegal StudiesQuick questions

Unit 3: Rights and justice

Quick questions on The principles of justice: fairness, equality and access: VCE Legal Studies

5short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What is the three principles?
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Fairness. All people can participate in the justice system and its processes are impartial and open. The accused has access to a fair hearing; processes are conducted without bias; outcomes are based on the evidence.
What is main shortfalls?
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:::tldr The principles of justice in VCE Legal Studies are fairness (impartial, participatory processes), equality (treating people in the same way unless substantively unfair) and access (the ability to understand and pursue rights). All three are imperfectly realised in the Australian legal system; legal aid funding shortfalls and court delays are the most persistent threats. :::
What is fairness?
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All people can participate in the justice system and its processes are impartial and open. The accused has access to a fair hearing; processes are conducted without bias; outcomes are based on the evidence.
What is equality?
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All people engaging with the justice system should be treated in the same way, with no advantage or disadvantage. Where treating people in the same way creates substantive disadvantage, adjustments are required (for example, providing an interpreter under the Evidence Act 2008 (Vic) s 30, or providing remote witness facilities for vulnerable witnesses under the Criminal Procedure Act 2009 (Vic)).
What is access?
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All people should be able to understand their legal rights and pursue their case. Access includes financial access (the ability to afford a lawyer), procedural access (the ability to use court processes), and informational access (the ability to understand the law).

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