Legal help/study design queries

[fredholland]

Just going through my notes. I realised I didn't have anything on the following points of the study design. Can someone explain these to me/provide some information about them. I would greatly appreciate it

(they are all from Unit 4 AoS 2)

- The problems in criminal and civil procedures and purpose of possible solutions

- Problems and difficulties faced by individuals in gaining access to the law

- Recent changes in the operation of the legal system to enhance the effective operation of the legal system

- Recommendations for further change in the operation of the legal system to enhance the effective operation of the legal system

[claire92]

- The problems in criminal and civil procedures and purpose of possible solutions
I think this *may be* courts backlog, stringent processes, intimidation, civil (costly) therefore some possible solutions were mandatory mediation in supreme ct, ADR, the discount sentencing, looking at more inquisitorial approaches.

- Problems and difficulties faced by individuals in gaining access to the law
Language barrers, legal aid, time availability, lack of knowledge of legal system.

- Recent changes in the operation of the legal system to enhance the effective operation of the legal system
Widening scope for legal aid, legal advice centres.
Jury reforms,
ADR more influential and encouraged.
Koori Ct

- Recommendations for further change in the operation of the legal system to enhance the effective operation of the legal system
Further widening of legal aid
'professional juries'.
more focus on inquisitorial approach, better use of judge ect

sorry if these arn't broad enough, but they are just my favourite topics.

[lara2707]

- The problems in criminal and civil procedures and purpose of possible solutions
Criminal examples:
Weakness -right to silence - An accused person has the right to remain silent and not give evidence at their trial, meaning they cannot be cross-examined.
Possible solution - Allow the judge to inform the jury that while an accused person's decision to remain silent is not proof of guilt, it may add weight to the prosecution's case. Helps to balance the rights of the community with the rights of individuals.

Weakness - Many people cannot afford to pay for legal represenation.
Possible solution - Encourage solicitors to do pro-bono work and increase funding to Legal Aid

Civil example:
Weakness - Delays due to a lack of available judges, the sitting times of courts, time taken to seek legal advice and civil documentation.
Possible solutions - Greater use of ADR and tribunals, increasing the number of judges and broadening court sitting times.

- Problems and difficulties faced by individuals in gaining access to the law
-Ignorance of the law and legal assistance
-Language barriers
-Intimidation

- Recent changes in the operation of the legal system to enhance the effective operation of the legal system
-Increased jurisdictions of the Magistrates' and County Courts
-Introduction of the Koori Court

Not sure if you have 'Justice and Outcomes' and the Leading Edge study guide, but these have recent changes in them The study guide is particularly good + simple!

- Recommendations for further change in the operation of the legal system to enhance the effective operation of the legal system
-Make the legal process less formal and intimidating
-Establishment of more/better community legal services
-Increase community awareness of tribunals/ADR
-Place greater dependence on tribunals/ADR
This is only simplified and again, the Leading Edge study guide has great info if you have it.

Hope that helps a bit! It's worrying that your teacher hasn't told you about this :S Maybe you missed a lesson? :S:S:S It will prob be in your textbook somewhere, or on someone's notes on VN!