Fairness Is A Fundamental Aspect That Our Law System

On page 274 Atticus states “our courts are great levelers, and in our courts all men are created equal” (274), The statement is considered true to the majority of people, that in any government system race, sexual orientation, gender or anything that could be considered different between people is not a factor in court. Major documents that are part of US history even state that all men are created equal. Making certain variables to a person a factor in court is unlawful and immoral. Even if someone is black or they might be attracted to the same sex still shouldn’t determine if someone goes to prison/jail. It should be based on if they are proven guilty or innocent.

There is a clear lack of procedural fairness present in respect to the case concerning Dalton McGuinty and the 2010 minimum wage increase. Procedural fairness is to, “ensure that administrative decisions are made using a fair and open procedure . . . with an opportunity for those affected to put forward their views and evidence fully and have them considered by the decision-maker” (Baker v. Canada). The closed door meeting between McGuinty and business leaders, in regards to the minimum wage increase, was anything but fair and open. It not only deviated from the common administrator decision making procedures, but it also failed to allow those affected to put forward their views (Baker v. Canada). Since we live in a democracy where

The Australian legal system follows a formal structure, strict rules of evidence and conduct and utilizes the adversarial system of trial for both criminal and civil proceedings. The procedure relies on the skills of representatives of each party and evidence concerning the case presented to an impartial judge or magistrate (and sometimes a jury). Courts apply fairness to a profound extent through adopting the doctrine of natural justice, parties involved have the right to know accusations made so they are able to collect evidence for defence and cross examination. Fairness was practiced in the case Southan v Costa (2017) NSWLEC 1230 that cited the Trees (Disputes between Neighbours) Act 2006 which instructed the Land and Environment Court NSW on only making an order if the tree concerned had caused harm or posed future threat. Fairness was also demonstrated through the referral to precedents including the Freeman v Dillon (2012) NSWLEC 1057 to assess the degree of damage, necessary action and consistent orders. The previous cases assisted in concluding the orders of the Court ‘requiring periodic removal of dead wood’ to reduce the risk of injury and annoyance of natural shedding past the respondent’s property. Court jurisdiction and high enforceability aid in achieving justice for individuals when ruling sentences and court orders. Enforceability is exemplified when the actor Steve Bisley was ordered to perform 300 hours of community service by the magistrate of Sydney's Downing Centre Local Court for charges of actual bodily harm relating to domestic violence towards his former wife Sally Burleigh in September 2009. This case additionally reflected equality in application regardless political, social and religious standing, gender and racial identity. The effectiveness of courts achieving justice in

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

We are in a democratic society which has fair laws, but was it always this way. There have been laws for around 1750 B.C. which is around 4,000 years old, it was called Hammurabi’s Code. It consisted of 282 laws that were read in public regularly to make sure every citizen knew about the code.Because the laws were so new they didn’t have such a profound system of justice as we do in modern america.

People have their own perspective of a government that they envision for their people. Thomas Jefferson has been the president of the United States and ruled under a monarch. Jefferson couldn’t tolerate the abuse from a monarch, so he rebelled against the British crown. In 1776, Thomas Jefferson wrote The Declaration of Independence, and declared the colonies were free from British rule. Before he became the author of The Declaration of Independence, Jefferson was established “ as an ardent republican and revolutionary” (Jacobus 77). Jacobus states Jefferson is, “one of the most versatile Americans of any generation” (Jacobus 78). In The Declaration of Independence, Jefferson and the founding fathers envisioned a government that would

The United States Criminal Justice System is one that is supposed to protect and serve all. This idea should not discriminate against ones race, gender or any other identifying characteristics. Although it should not, it occurs more than just what the news outlets may bring to light. Minorities and those who do not fit societies “norms” are often the targets of unfair treatment from those who are in charge of protecting. These groups of people often feel that just because their skin is a different color or they may identify as something a police officer does not believe in, they will be the next target for injustice. However, a justice system cannot work and will ultimately fail when those being protected do not feel safe. In order for the

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

Is our justice system fair? Is our justice system truly set out to do what it was meant to do? Or are there social factors and memory errors that come into play that can change a conviction outcome. In today’s court rooms we have, Defense attorneys, Prosecutors, judges, juries, evidence, forensics experts, witness testimonies, and of course the human memory. What better type of evidence than the human memory, right? Unfortunately, human memory is subject to the power of suggestion and unable to truly recall an event when told to recall. In other words, the story may not be the same as the one that actually happened the day of that event because many variables come into play like cross examinations and the way a question can be asked can alter the answer or how the event was perceived. The main focus of this paper is to see how the human brain is not able to effectively recall events which could possibly convict an innocent person of wrong doing. Also how lawyers use the misinformation effect to their advantage. In order to understand how something as simple as a question can decide a person’s faith we must first answer some questions. First, How does memory actually work and how is memory retrieved when your need to answer a question or being cross examined? Second, how does the misinformation effect play a role when a witness needs to testify against the defense or vice versa? Third, how can structuring a word or sentence effect the outcome of a conviction?

Individuals with a criminal record re-offend mostly because of status discrimination which in turn leads to high unemployment rates. Having a criminal record in today’s society is damning when trying to find employment. Opportunities for an education are slim due to this, leaving them only their shot to gain entry into the workforce. A slew of jobs requiring specific things like licenses are barred from the formerly incarcerated. When released back into society prisoners have to once again try to adapt to a society that has been changing in their absence. Put back into the world with only their clothes and little money they might have had. Often at times with little education or employment prospects it seems that they would just end up back in jail. They head somewhere familiar ensuring that they will be accepted and taken in. Back to their neighborhood and back to old friends they haven’t seen in years. Convicts return back to those bad influences. In order to combat this drug treatments, housing, job training, classes and peer groups are established to assist them. Once released, convicts have many tools at their disposal for getting the help they need but it depends on what state they’re in and on the person. Will they seek help though? Will they themselves willingly avoid what got them into trouble in the first place; from returning home only hoping for the best without trying? With the fear of constant failure and

When you think of the criminal justice system, you think of justice being served to those who wish to threaten it. The criminal justice system is a very powerful system that protects our society but like society, it is not perfect. The justice system runs off of discrimination against race and gender

Many people argue that discrimination in the criminal justice system is just a myth (Walker 2015). Is this ethnic blame discourse caring over into the prison system? Let’s take a look at the numbers. Describing who is locked up in the United states is a difficult thing to gauge. It depends on which institution you're referring to as well as who you're specifically asking about (Walker 2015). African Americans comprise less than 15% of the US population but nearly 40% of all incarcerated offenders (Walker 2015). The overrepresentation of African Americans is nothing new. A disproportionate amount was logged in research in 1926, African Americans consisted 9% of the population and 21% of the prison population (Walker 2015). Over time this number has significantly increased as mentioned earlier. Minority offenders and males are

Many claimed laws were “separate and equal”, when in reality this was rarely true. These laws kept African Americans from having the same rights as a white person, such as jobs, loans, and testifying against white people . Whites might not be physically punished, but they'd be chastised. Often entire families would be shamed, warned, and even shunned. Many blacks were arrested, beaten or killed. If a white person broke this law, they would be chastised. Nothing compared to what black people could have to deal with.

One of the most interesting things I learned from doing my research on community corrections in my jurisdiction is how the criminal justice system is committed to being fair and balanced. I have observed in a court arraignment how a judge briefed everyone in the court about proper protocols during the hearings .The judge said he could not start court hearings unless a prosecutor was present, and that he cautions the inmate the right to remain silent, and also discussed to the inmate his rights. Community-based corrections developed as a result of dissatisfaction with institutional confinement and in recognition of the problems encountered by inmates reentering society after prolonged incarceration. Belinda R. McCarthy, Bernard J. McCarthy, Jr,& Matthew C. Leone (4th edu.). (2001) Community-Based Corrections. Belmont, CA: Wadsworth Group. In writing this paper I will inform and discuss the various programs and rules applied to handle offenders who have violated state laws according to the criminal justice system in NC. I will write about the following subjects in the following order: 1) Parole and probation, 2) Community and drug courts, 3) Pretrial release, 4) Victim aid, and 5) Community service (as a function of service of sentence).

Although access to justice implies the right to an effective remedy it goes much further than just this,it includes the right to equal access to courts, the right to a fair trial or the right to legal aid for those who lack sufficient finances.It not only refers to the initial stage of bringing a legal case to obtain redress against the violation of a right but to the entire