FIGURE2 The rule of law brings together key aspects of our legal system to protect the rights of citizens.
Equality before the law
Checks and balances on the use of power by individuals and government
Fair trial & independence of the judiciary
Presumption of innocence
Right to silence
Democracy
Right to assemble
Freedom of speech/media
through formal legal processes
Access to justice
13.2.2 Fairness, equality and access The rule of law promotes three other principles of justice: fairness, equality and access. Fairness In the legal system, fairness means everyone will be treated impartially and using consistent processes. Impartial, unbiased judges and juries help make this happen. There are several ways in which the legal system upholds fairness, including: • The presumption of innocence : A person accused of a crime is presumed to be innocent until proven that they are guilty in a court. They can only be found guilty if the court is sure they committed the crime. This means that the magistrate, judge or jury must believe that the accused is guilty beyond reasonable doubt . • The right to silence : Any person charged with a crime has the right to silence. • Both sides (the prosecution and the accused ) can show evidence and question each other . • Strict rules ensure fairness in court ( procedural fairness ): For example, juries can’t hear about past crimes, so decisions are based only on the facts. But is this fair? Does treating everyone the same lead to a fair result? Fairness also means helping people with their speciýc needs. Equality Equality means everyone is treated the same, no matter their race, gender or family status. The legal system must treat people equally and without discrimination.
TOPIC13 Laws and citizens 479
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