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Chapter 16

This Document questions on the Australian legal system: fair trial procedures, individual rights with police, judicial independence, judges’ impartial conduct, and how legal representatives uphold trial fairness.

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    Chapter 16.3 Questions Questions 1-10 1. Explain two procedures that help ensure court cases are resolved in a fair and unbiased manner. Equality before the law: One main principle that underpins the Australian legal system is that all people must be treated equally before the law. This means that all individuals regardless of their race, ethnic background, sex, income level or mental capacity should be treated equally when dealing with the legal system. An independent and unbiased judiciary: Having an independent judiciary is an important feature of our legal system, as it means that no one, even the government, is above the law. It also prevents the government from influencing court decisions and enables the courts to check that the Commonwealth, state and territory parliaments do not misuse or make any laws beyond their power. 2. Suggest two rights of individuals that mean they are treated fairly by the police. □ The right to remain silence □ The right to be warned prior to questioning that 'anything they do or say may be used again them in court of law'. 3. Describe how the Australian legal system maintains an independent judiciary or court system. The Australian legal system has strict rules of evidence and procedures to ensure that there is an independent judiciary and court system. The independence of our judiciary is also maintained by having our courts open to the people. Generally, all court cases are open to the public and the media so the proceedings are transparent or can be viewed by all. 4. Name two aspects a judge should demonstrate to help ensure a fair and unbiased trial. □ Making sure that both parties have an equal opportunity to present their case by ensuring each follows the strict rales of evidence and procedures when presenting their case to the court. H Not assisting either party with the preparation and presentation of their case. 5. Explain how the use of legal representatives or lawyers can ensure a fair and unbiased trial. The use of legal representatives or lawyers can ensure a fair trial as either side get professional help making it easier for the parties to prove their innocence, as the convicted and prosecutor may not know much about law and the procedures.

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