Remember – what is Justice? How is Justice achieved – balance: equality, access, fairness Consider – It is often said that the criminal Justice system works in favour of the accused and neglects the rights of the victims. There are of course aspects of any system which may be seen to favour one party over another – however, our legal system in Australia works very hard to ensure the interests of all parties are met and that equality and fairness are present in the Judicial process.
HOW? – through the operation of the separation of powers doctrine, by upholding rinciples of the rule of law etc. It is often in the sentencing process that society perceives injustices to occur – why? discretionary nature of sentencing – but surely this is a positive aspect of our system? Many factors must be considered when evaluating the effectiveness of the law in achieving Justice for all those involved in the criminal Justice system.
You can consider the interests of the relevant parties in two main categories: – justice for individuals (offenders, victims) Justice for society Identify your case – an example of a case which reveals the many factors needed to e taken into account in balancing competing interests.