3.1.11 - Factors affecting justice

The costs associated with the criminal justice system can be significant, particularly for an accused who cannot afford legal representation. What principle of justice does this affect?

• Fairness, because it can affect the ability of the accused to present their side of the story and understand legal processes.
• Access, because it can mean the accused does not have access to information about legal processes, their rights and their obligations in the courtroom.
• Equality, because it could mean that the accused is on an unequal footing with the prosecutor.
• All principles of justice are affected for the reasons mentioned.

How could a judge assist an unrepresented accused person in a criminal case?

• They could help the accused question a prosecution witness.
• They could help prepare the accused’s opening statement.
• They could help the accused understand legal jargon and processes.
• They could help the accused draft and file documents.

What are the three types of factors that affect the ability of the criminal justice system to achieve the three principles of justice that you must know, and about which you could be asked a question in the end-of-year examination?

• Koori Courts, legal aid, judge-alone trials
• Fairness, equality and access
• Costs factors, time factors and accessibility
• Costs factors, time factors and cultural factors

Which of the following is not a factor that can be linked to costs?

• Lack of understanding of court processes
• The costs of legal representation
• An increase in self-represented parties
• The availability of legal aid

In Matsoukatidou v Yarra Ranges Council, Justice Bell held that the accused persons did not get a fair hearing in the original trial. What was one of the features of this case which affected them getting a fair hearing?

• All options listed were features of the case.
• Both the mother and daughter had particular characteristics that made them vulnerable.
• The judge gave the mother and daughter limited assistance.
• The mother and daughter struggled to explain themselves to the judge.

Which of the following factors can result in a delay to hearing a trial?

• Too much reliance on hard-copy documents.
• All options are correct.
• The use of committal proceedings for indictable offences.
• If the accused changes legal representatives regularly.

How can court delays affect the principle of equality?

• Delays can affect those who are most vulnerable, such as those with a mental illness, putting them at risk of not being treated equally before the law.
• They do not – they only affect the principle of access.
• Delays can affect evidence because witnesses lose their memory over time.
• The greater the wait, the less the courts become accessible.

Which of the following is not a factor that can be linked to time?

• Court delays.
• The use of plea negotiations.
• The use of mediation to resolve the case.
• The use of sentence indications.

Which of the following factors has led to the courts experiencing delays in Victoria?

• An increasing number of self-represented parties.
• The lack of Victorian barristers who specialise in criminal law.
• The need to have larger courtrooms which are not available.
• The complexity of the Sentencing Act.

In VCE Legal Studies, you are expected to master some challenging skills. Of the list below, which is the most challenging skill that you are expected to master?

• The skill of discussing
• The skill of comparing
• The skill of identifying
• The skill of explaining