Overview
This document explores the principles and objectives of justice and fairness, emphasizing equal access to the justice system, fair treatment, and the importance of addressing wider social issues that impact justice outcomes.
Fundamental Principles
- Everyone should have equal access to justice and be treated equally by the justice system regardless of background or characteristics.
- No one should be denied legal advice or representation due to inability to pay.
- Equal opportunity should be provided for individuals to make the most of their lives, including the reintegration of offenders.
- Justice should not aim for equal outcomes, but unequal outcomes are only acceptable if they are not the result of unfair treatment or unequal access.
- The state should address structural causes of crime, such as poverty and deprivation, which contribute to disparities in conviction and punishment rates.
Objectives of a Fair Justice System
- The justice system must uphold fairness to maintain credibility and societal trust.
- Equal access and treatment within the justice system are essential for public confidence.
- Justice should include punishment and rehabilitation of offenders.
- Society should address the systemic issues contributing to higher crime rates beyond the justice system's immediate influence.
- Procedural fairness is crucial; people must perceive the justice process as fair to ensure compliance and respect for the law.
Access to Justice
- Early and better access to justice can prevent social issues like poor housing, workplace injustices, poor health, and poverty.
- A systems thinking approach is needed, addressing the root causes of crime alongside other social problems.
Fair Process and Victim Considerations
- Addressing transactional injustices, where individuals are treated inconsistently, should be a priority to ensure systemic fairness.
- Victims must be treated with respect and dignity for the justice system to function effectively.
- Most victims prioritize feeling safe and preventing recurrence of crimes over the punishment of offenders.