ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: hdxx on January 14, 2018, 10:07:57 am
-
Is fairness limited to a fair trial?
-
Is fairness limited to a fair trial?
No, definitely not limited to a fair trial. Fairness should occur before and after a fair trial.
Example of before would be that the accused is aware of all the pre-trial procedures, their lawyer should help them and the accused should get a clear indication when they ask for a sentencing indication to the judge.
Examples of after would be that an accused (that has be sentenced to prison) should be imprisoned without unnecessary delay and that an offender who breaks their community corrections order should appear again in court to receive a different sanction for their original offence (sometimes imprisonment or rehabilitation - depending on the offender's circumstances)
This is just one interpretation on how to answer the question, but I still have to make sure I understand 'fairness' completely first, so I don't get it confused with equality. But things will get clear when school starts! :)
Hope this helps :)
-
No, fairness shouldn't be limited to final trial or hearing, it should apply to all aspects of our legal system, such as interactions with the police and our right to understand allegations made against us.