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The difference between justice and fairness
Concepts of justice
Concepts of justice
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A group in society that is considered to be disadvantaged is Aboriginal and Tories State Islanders (ATSI). ATSI have received justice under the law to achieve fair treatment due a history of wrongs. Land rights, circle sentencing and individual access for financial aids such as ab study and other Centrelink benefits are accessible to those who require assistance. In 2003, the Criminal Procedure Amendment (Circle Sentencing Intervention Program) Regulation 2003 (Nsw) was created to reduce barriers, increase ATSI confidence in sentencing and ensure sentencing options are suitable to offenders. The amendment shows that justice is achieved by treating differing group’s inequality to ensure that those in the society who are disadvantaged have …show more content…
This government scheme ensures that all individuals have access to a fair trial through the use of means and merits tests. Although Legal Aid has the aim to ensure fair and just trials, it is only accessible to some members of society and can, therefore, be considered to not achieve equality. In a one-year period ending on the 19th of April 2016, 104,732 applicants applied for legal aid and 89,329 individuals received assistance. This means that 85% of cases requiring legal representation were approved. Legal Aid is an example of applying the rule of law. This measure ensures that all individuals have access to equal opportunities and protection of minorities and disadvantaged groups within society. Although the aim of Legal Aid is to achieve equality, not all individuals can access it, and therefore has the primary aim of achieving justice. In conclusion, the Australian legal system uses justice to ensure the rule of law is upheld. In some areas, equality is favored as a method of achieving justice however, this does not always occur. The ideology that the concept of justice simply means that the law should be applied equally to all members of society above is incorrect and can be shown by the differing treatment for ATIS and the use of legal aid. Yet, more can be done to ensure justice is achieved for all individuals and to show a constant stance of
Lowitja O'Donoghue, who formerly chaired the government's Aboriginal affairs body ATSIC, believes that Australian law should be more aggressive in such cases. Some aspects of Aboriginal law are falling out of practice. Chris Sidoti believes that whatever balance is struck will be as distinct from traditional European law as it is from traditional Aboriginal law. "For traditional people, being put in jail is more inhuman than spearing, and any unified law would have to recognise that.
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
The purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
From the creation of the very first civilizations, people have been using laws for potential disputes and or other issues that they come across. With the evolution of time and the expansion of the legal system, many laws were established that did not promote justice and equality. In essence, they did not take into consideration the ethical and racial implications that these laws generated. In our days, laws of this nature are still in effect and are characterized as unjust. They can be found anywhere and can take various forms.
This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. Mental health is clearly one of the most critical issues facing the Australian and New South Wales (NSW) CJS with research indicating that offenders with mental health problems constitute the majority of those within the prison system. The current strategies for diversion will be critically evaluated in order to determine their effectiveness with regard to the delivery and production of justice, cultural sensitivity for Indigenous Australians will also be considered. The social construction of mental illness and the associated process of stigmatisation of this particular group will be explored in conjunction to explain why society still fails to prevent the mass entry of people with mental health issues into the traditional CJS.
...saying through their actions to Aboriginal and Torres Strait Islander peoples, that causing the death of a human being wasn’t a crime. All of this happened because of a police officer’s discretionary decision, which further illustrates that discretionary decisions harm the interests of Aboriginal and Torres Strait Islander peoples. The last point that this essay raised was one that has been valid for over two hundred years. The attitudes of the state towards aboriginal people is reflected in discretionary decisions made by police officers and will continue to be the case until those in power stop trying to do the popular thing and start trying to do the right thing. When all of the evidence is weighed and considered, there can be little doubt that discretionary decisions made by police officers harm the interests of Aboriginal and Torres Strait islander peoples.
There are many emerging and current issues which impact aboriginals. These issues impact all western and aboriginal people in their own way and often some much more than others. The Canadian criminal justice system has failed aboriginal people and all Canadians on an unacceptable scale. The faults in the criminal justice system has been inaccessible and insensitive, while have disproportionate numbers of imprisoned and arrested aboriginal people. First nations who are are arrested spend less time with their lawyers, are more commonly denied bail, and when convicted, run a higher risk of incarceration.
...he justice system is not always successful. Although the idea of fairness is present, how it plays out can vary. Justice is only a moral based idea. People are bound by their own values, not a universal set of values.
Section 718.2 (e) of the Criminal Code tries to fight systematic oppression with selective inequality, this section of the criminal code is alarming as it gives us a false sense of equality, liberty and neutrality. This section completely undermines the reality of the Canadian criminal justice system, as although Aboriginals have faced huge injustices, the story of Mr. Ladue or Mr. Ipeelee is not unique to Aboriginals. These circumstances are similar to those of other marginalized groups in society, specifically the working class poor where drug addiction and other vices are rampant. While Section 718.2 (e), alleviates certain injustices in society it does not address the main issues which is inequality itself. What the legal system should be doing is preventing marginalized groups from ending up in such circumstances rather than alleviating injustices which where created by the criminal justice system itself.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,