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December 06, 2019, 01:50:55 pm

Author Topic: Cost of legal representation to the accused with regards to the prin  (Read 774 times)  Share 

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hdxx

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Discuss the cost of legal representation to the accused with regards to the principles of justice (6 marks)

Could anyone suggest a good response to this? thanks

MissSmiley

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Re: Cost of legal representation to the accused with regards to the prin
« Reply #1 on: March 18, 2018, 09:14:15 am »
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Discuss the cost of legal representation to the accused with regards to the principles of justice (6 marks)

Could anyone suggest a good response to this? thanks
Hi!
You'd need to have an intro, 3 body paras and a conclusion.
Intro: Whilst legal representation is a right under s 25 (2)(e) of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic), high costs for the accused could mean compromising fairness, equality and access.

1st para: fairness ---> define it, how legal rep relates to fairness (accused has the right to defend their case, etc..) ----> how high costs will mean more self-litigated complainants ---> might not be fair because they don't have legal knowledge as well as a competent lawyer

2nd para: equality ---> define it, how everyone is equal under the law, regardless of ability, income, etc. So low income people may not be able to get legal rep, whereas high income earners may be able to. ---> imbalance

3rd para: access ---> define it, legal representation means access to the court system ---> there's a chance to talk about VLA means testing criteria being nicer! (net income after paying all expenses changed to ~ 360 instead of ~ 255...(I can't remember the figures) but this means more people will be able to access legal aid from VLA.
Vice versa can happen. If an accused is still not eligible after assets test, means test etc they won't get legal rep which means lesser accessibility to courts.

This is just a plan, but hope it helps! :)

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The Special One

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Re: Cost of legal representation to the accused with regards to the prin
« Reply #2 on: March 18, 2018, 10:15:16 am »
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It should be noted that only crimes that may lead to jail time will make one eligible to receive aid for legal representation.

There's some other specifics to but they probably go beyond the script of the study design in this case.
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kamie22

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Re: Cost of legal representation to the accused with regards to the prin
« Reply #3 on: April 16, 2018, 01:13:31 pm »
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I would do something like this

Explain the costs of legal representation
1. The availability of legal aid
2. Cost of legal representation
3. Assistance to self-represented parties

Then I would talk about how they relate to the principles of justice.

The availability of legal aid and the cost of legal representation
Fairness: disadvantaged due to lack of familiarity with trial procedures, inhibiting the preparation of a case and can reduce their chances of a fair hearing.
Equality: parties without skilled representation may be faced by more skilled barristers who are better placed to present their case.
Access: accused people might feel inclined to plead guilty if they cannot afford to be represented in a contested trial.

Assistance to self-represented parties
Fairness: court personnel are obliged to assist self-represented litigants to increase the likelihood that the trial will be fair.
Equality: judges and magistrates need to ensure that hearings are conducted fairly for all litigants, including those who self-represent, however they cannot go too far and give them legal advice.
Access: accused people might feel inclined to plead guilty if they cannot afford to be represented in a contested trial.

Obviously this is an outline and you would put these into sentences, but hope this helps!