ATS1282 Lecture Notes - Moral Authority, Conflict Theories, Corporate Crime
21 Oct 2013
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Two primary forms: wrongful conviction, error of impunity. Procedural justice and due process: refers to fairness of procedures by which punishment and reward are delivered, theory of procedural justice: Voice: shape and cement compliance with law. Concept of fairness in process and procedure. Each party (prosecution and defence) is responsible for the preparation and presentation of each case: both parties are equally able to present their case. Search for truth by means of the thorough testing of evidence: rules of evidence and procedure. The better the lawyer, the higher the cost. Some people can"t afford lawyers to argue their case best. Language/cultural barriers: law is a profession of words, survey of aboriginal legal aid staff (2002): 13% reported difficulties understanding clients very often. Also reported problems with the client understanding them: 51% - client had disability, which hindered communication. 40% - inability to communicate adequately in english. 77% - lack of comprehension of the legal process.
