Fairness Of The Criminal Justice System

1823 Words 8 Pages
To say that the Criminal Justice System is not consistent in its efforts to uphold justice for individuals would be inaccurate, however there are many factors that limit its efficacy to achieve this. The CJS aims to achieve justice by punishing those who pose a threat to our society while compensating for those who have fallen victim to crime. A just law can be determined by the degree in which it sustains equality, fairness, rights, access and consistency. By using the legal measures such as legal aid, judicial guidelines, bail and remand which it has at its disposal the CJS aims to uphold a just law system but as we will come to discover the CJS is far from flawless.

Australia has no direct right to legal representation and within the courtroom this greatly limits the equality of trials. An example of Equality within the CJS would mean that an accused has an equal chance of success as
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Criminal cases are prosecuted by barristers or police prosecutors who are highly knowledgeable in the area of law, therefore it would only be justly that the accused have access to legal advice and legal representation.The reality is that solicitors or barristers are very costly, the higher the skill the higher the price. This implies that wealthier criminals have a higher chance of innocence. How is this justice? Legal aid is a legal measure introduced after the infamous Dietrich v Queen (1997) case when the high court found that judges should not hear cases where injustices are inevitable to those who cannot afford legal representation. Legal aid provides legal access to individuals who cannot afford a legal representation, but only after passing strict merit and means test which determine whether your salary meets the surprisingly low standards and if your case and situation falls under the strict

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