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July 22, 2019, 03:21:58 am

Author Topic: Legal Study 3/4 New Study Design  (Read 2510 times)  Share 

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MissSmiley

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Re: Legal Study 3/4 New Study Design
« Reply #15 on: January 19, 2018, 11:39:25 am »
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Thank you for your help , would you happen to be able to explain this :

The court tries to strike a balance between an accused being tried without unreasonable delay, whilst still ensuring that both of the parties involved have sufficient time to gather the evidence they need to present the best case possible. Therefore, it can be argued that there is a TENSION between being tried with unreasonable delay, and the principle of fairness in the justice system.

Why is there a tension? like i have the ideas in my head, but i cant get it out from my mind into actual words. Much appreciated!!
Firstly, I agree to meganrobyn's explanation, in that the "principle of fairness" in this scenario would be the courts should give adequate time to parties to investigate their case and negotiate.
So the meaning of "tension" is a burden on the legal system to ensure that unreasonable delays (due to the offender held in remand, or even on bail)are not created during party investigation and other trial procedures.
Another "principle of fairness" would be the offender's right to be tried without unreasonable delay like you've mentioned JasonH168. So there is that burden once again to allow the offender to access any help and giving them time to think about their plea, but in doing this, unreasonable delay should not be created.
Sorry if I'm just building on meganrobyn's points, but just thought to share my interpretations! :)
Hope I make sense!
 

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sepeario

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Re: Legal Study 3/4 New Study Design
« Reply #16 on: February 01, 2018, 11:18:18 pm »
0
Thank you for your help , would you happen to be able to explain this :

The court tries to strike a balance between an accused being tried without unreasonable delay, whilst still ensuring that both of the parties involved have sufficient time to gather the evidence they need to present the best case possible. Therefore, it can be argued that there is a TENSION between being tried with unreasonable delay, and the principle of fairness in the justice system.

Why is there a tension? like i have the ideas in my head, but i cant get it out from my mind into actual words. Much appreciated!!


There is a tension because ultimately the justice system must attempt to allow the defendant to have their day in court without unreasonable delay, meaning that the system must work in a hasty manner; but at the same time the prosecution/defence must have sufficient time to gather strong evidence for their case, in order that the facts of the case be accurate and that justice will be achieved. There is a tension between fairness and the right to trial without unreasonable delay because the criminal justice system would be unfair to the defendant if the defence was not able to gather sufficient material to produce a substantial defence, and the accused was convicted in a case where if more time had been given, their culpability may have decreased which would lead to a shorter sentence. Hope this makes sense.
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meganrobyn

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Re: Legal Study 3/4 New Study Design
« Reply #17 on: February 02, 2018, 11:18:10 am »
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There's a tension between fast and slow, but that's not what the statement said. The statement said there was a tension between fairness and unreasonable delay - but fairness is defined as the balance between fast and slow.
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