LCR1001: Criminal Justice System - Fundamental Value of Australia’s Criminal Justice System - Law Assignment Help

Assignment Task:

I INTRODUCTION

The Australian legal system is postulated on the assumption that all citizens are equal before the law and will receive equal and fair treatment by the law. This implies that all individuals, irrespective of their sex, race, religion, or their access, or lack of it, to wealth and power, will be treated equally when being dealt by the police, court personnel, or other legal authorities within the legal system. An individual’s human rights and freedoms are upheld through the United Nations Declarations and Conventions. Australia ensures that the need for people to be treated fairly is enshrined within its legislation so that it accentuates the notion of equality before the law. Legislation, such as the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), and Disability Discrimination Act 1992 (Cth), aim to achieve equity in Australia’s legal system. Unfortunately, a volume of groups within the Australian community, including Indigenous Australians, women, people with intellectual disabilities, and people from culturally and/or linguistically diverse backgrounds, face difficulties in accessing various elements of the legal system. Due to the lack of support in such circumstances, Australia’s legal system is somewhat flawed.    

II EQUALITY BEFORE THE LAW

Equality before the law is a highly ‘fundamental value of Australia’s criminal justice system’. Throughout Australia's legal system, Gaze and Smith (2016) note that the equality laws seek to guarantee that everyone has an equitable chance to access employment and a healthy lifestyle. Judicial officers must be informed of any political bias or discrimination towards people from diverse backgrounds. This ensures people have equality before the Law. Therefore, the judiciary system in Australia must ensure judges in courts do not view another citizen preferentially or create a mistaken inference regarding other people in the community. In order to consider the diversity of history, meaning and lifestyle, as well as the perspectives of individuals with diversified backgrounds, Australia employs several approaches, to ensure that everybody is willing to achieve the same legal conclusions. Australia's legal framework recognizes that Indigenous Australians have a varied history, ethnicity, age, sex and impairment. There are also disabled citizens in some of the regions of the world, and young citizens have a higher degree of social inequity and inequality (Arstein-Kerslake and Flynn 2016). In such circumstances, individuals are more likely to be perpetrators. The goal of Australia 's equity law is both to take care of those communities who are more likely to face disadvantage and injustice and, at the same time, to guarantee fair exposure to the resources available.

III CRIMINAL JUSTICE SYSTEM

Indigenous people are exceptionally over-represented in the criminal justice systems of Australia (Martin 2018). Many Indigenous Australians face both cultural and linguistic barriers in dealing with the criminal justice system (Beston 2010). As a large proportion of Indigenous Australians reside in regional, rural and remote parts of Australia, there is a lack of access to the justice system. Unfortunately, inequality is present when dealing with Aboriginal and Torres Strait Islander peoples. It is a known statistic that Aboriginal and Torres Strait Islander peoples are accountable for 27% of the Australian prison population (Australian Bureau of Statistics 2020). There are many variables that factor into the cause of such alarming statistics. However, one of the main reasons is the increased police presence in areas that are known to have a high population of Indigenous Australians that lack socioeconomic status. Furthermore, there have been certain circumstances in which law enforcement officers have targeted Aboriginal and Torres Strait Islander peoples due to their lack of acceptance and respect within Australian society. There is a great concern with the number of deaths of Indigenous Australians that occur in custody. The fact that the officers responsible for such heinous actions do not get convicted, adds to the oppression of the criminal justice system. 

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