Legal Groundup

Legal Studies from the ground up

Application Excercise 1d

The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ whether the following aspects of law meet the principles of justice: fairness, equality and/or access requires students to write about factors related to how effectively or ineffectivelyeach aspect of law meets the principles. Responses will vary according to the arguments selected. For example, students might point out that if the media published names and details of the accused, implying they are guilty, before a court hearing, then fairness would be reduced. Fairness refers to individuals being treated with impartiality, and without favouritism. While the accused will still be presumed to be innocent and will have their case heard before an impartial, unbiased judge, the media publishing details of the accused may reduce the likelihood that he or she will have an impartial, unbiased jury (if a jury is used in the case). This situation is unlikely to affect equality (the principle under which all people are subject to the same laws and treated in a manner where they believe that they are being treated equally and without discrimination) or access (where the legal system must be available and accessible to all members of the community).