Polarising the nation, The Queen v Baden-Clay case demonstrates the extent to which the Australian media can adversely affect the success of legal proceedings. The Australian adversarial system enforces strict rules of procedure, which are imperative to achieve equality and adequate protection in society. Although it is deemed effective, imperfections are evident (Skwirk Online Education, Nd). The Gerald Baden-Clay case highlights the strengths and weaknesses of the criminal justice system through the efficiency of the standard of evidence, rights of the accused, precedent and appeal used within the relentless trial to prove an accused murderer guilty.
The conspicuous circumstances leading to the murder of Allison Baden-Clay were imperative …show more content…
As a result the jury had a preconceived idea of his character, likewise, the Azaria Chamberlin v R case in which Lindy Chamberlin was assumed guilty due to her emotionless appearance, comparable to Baden-Clay (Networked Knowledge Law Reports, Nd). Therefore, his right to a fair trial was sacrificed through the jury; however the judge and legal counsels have the position and expertise to apply law beyond public sentiment, ensuring Baden-Clay was sentenced justly disregarding the extensive media coverage. The right to a fair trial is a highly important aspect to the justice system as it allows equality and predictability (News.com.au, 2015). Consequently, in the case of Baden-Clay this is ultimately a strength of the justice system as the prosecution successfully issued an appropriate murder conviction through the influence of the media on the jury. The Australian justice system generally upholds the rights of the accused to a high standard in which, Australian citizens are guaranteed a fair and just trial. However, the presence of media is unavoidable and the rights of the accused are oftentimes
The conspicuous circumstances leading to the murder of Allison Baden-Clay were imperative …show more content…
As a result the jury had a preconceived idea of his character, likewise, the Azaria Chamberlin v R case in which Lindy Chamberlin was assumed guilty due to her emotionless appearance, comparable to Baden-Clay (Networked Knowledge Law Reports, Nd). Therefore, his right to a fair trial was sacrificed through the jury; however the judge and legal counsels have the position and expertise to apply law beyond public sentiment, ensuring Baden-Clay was sentenced justly disregarding the extensive media coverage. The right to a fair trial is a highly important aspect to the justice system as it allows equality and predictability (News.com.au, 2015). Consequently, in the case of Baden-Clay this is ultimately a strength of the justice system as the prosecution successfully issued an appropriate murder conviction through the influence of the media on the jury. The Australian justice system generally upholds the rights of the accused to a high standard in which, Australian citizens are guaranteed a fair and just trial. However, the presence of media is unavoidable and the rights of the accused are oftentimes