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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 QuestionsQuestions 1-101.Explain two procedures that help ensure court cases are resolved in a fair andunbiased manner.Equality before the law: One main principle that underpins the Australian legal system is thatall people must be treated equally before the law. This means that all individuals regardlessof their race, ethnic background, sex, income level or mental capacity should be treatedequally when dealing with the legal system.An independent and unbiased judiciary: Having an independent judiciary is an importantfeature 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 tocheck that the Commonwealth, state and territory parliaments do not misuse or make anylaws 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 beused again them in court of law'.3.Describe how the Australian legal system maintains an independent judiciary orcourt system.The Australian legal system has strict rules of evidence and procedures to ensure that thereis an independent judiciary and court system. The independence of our judiciary is alsomaintained by having our courts open to the people. Generally, all court cases are open tothe 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 unbiasedtrial.□Making sure that both parties have an equal opportunity to present their case byensuring each follows the strict rales of evidence and procedures when presentingtheir case to the court.HNot 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 andunbiased trial.The use of legal representatives or lawyers can ensure a fair trial as either side getprofessional help making it easier for the parties to prove their innocence, as the convictedand prosecutor may not know much about law and the procedures.

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Criminal Justice

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