Practice marker (6 marks) on Principles of Justice PDF

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POJ 6 marker - Discuss how the timeline in James Gargasoulas case demonstrates the principles of justice (CRIM LAW)...

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Discuss how the timeline in Gargasoulas case demonstrates the principles of justice. (6 marks) On the 21st of January 2017, James Gargasoulas drove his car down Bourke Street Mall and consequently killed 6 victims and injured more than 27. His case has exhibited both sides of each principle of justice being fairness, equality and access. Fairness is the impartial and just treatment or behaviour without favouritism or discrimination. The victims of James Gargasoulas' case have had to wait over 2 years to see the Gargasoulas case out and proceed on to his sentencing. The victims have received better closure than if this case had been shorter because the information and evidence given was looked over with finer detail and greater care in the larger span of time. However the victims of the case have had to wait a considerable length of time taking into account the magnitude and emotional effects of the incident, whether they lost a friend, family member or were personally injured. The victims having waited more than 2 years doesn't achieve the principle of fairness as they have had to revisit the painful event in court numerous times instead of having James Gargasoulas already sentenced. Although waiting such an extended amount of time has helped guarantee the evidence and personal circumstances of Gargasoulas are correct. Equality is the state or being the same, especially in status, rights or opportunities meaning that all parties are equal before the law regardless of their social standing. This means that Gargasoulas was given the same opportunities and legal processes that anyone else accused would also have the right to in court. This was shown as he was given the ability to be excused from court on the 23rd of January because he was feeling unwell. This principle of equality was not demonstrated in the means that there is a chance that Gargasoulas could've been discriminated against because of his mental condition in court and his culpability may have been skewed because of his mental illnesses. However, the use of the same rights and opportunities in the legal process have aided the principle of equality in Gargasoulas' case and outweigh the possibility that he may have been discriminated against due to his unstable mental condition. The principle of access means that all people should be able to understand their legal rights and have the ability to pursue their case. This was shown when Gargasoulas was given 20 minutes to make his stand in court. This means that he was able to defend himself and explain his side of the case. Although access was not demonstrated in the example of the victims who had to endure James Gargasoulas explaining why his actions were 'not evil' when they had personally lost family members, friends or were physically harmed in the incident. By giving Gargasoulas the opportunity to express his thoughts and plead for his innocence was using the principle of access, however this was potentially emotionally painful for the victims to listen to him explain why he thought he had done no wrong. The use of the principles of justice being fairness, equality and access were effectively demonstrated in James Gargasoulas case through actions such as equal opportunities and a high quality of evidence. Despite some deficiencies such as the possibility of discrimination or trauma for vulnerable witnesses and victims....