U3AOS1 Topic 5: Fairness, equality and access

Study design dot point:

- The principles of justice: fairness, equality and access.

Preface:

- The principles of justice serve as the fundamental concept for most of Unit 3. That is, students need to ensure they have a very strong understanding of the principles of justice, as many of the high markers can be about linking the Victorian criminal (or civil) justice system to its ability to uphold the principles of justice. That is, this topic is absolutely vital and paramount to the later concepts in this area of study.

Fairness:

- means that all people can participate in the justice system and its processes should be impartial and open.

- can be categorised into three aspects: open processes, impartial processes and participation.

Equality:

- means that all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

- can be categorised into two main aspects: substantive and formal equality. Substantive equality means that treatment is differentiated according to the needs of a person to ensure that they receive an equal outcome. Sometimes, treating everyone the same causes disparity, so substantive equality focuses on ensuring that they receive an equal outcome. Formal equality refers to everyone being treated the same, regardless of their personal characteristics or status.

Access:

- means that all people should be able to engage with the justice system and its processes on an informed basis.

- can be categorised into two aspects: engagement and informed basis. People should be able to engage with the justice system and the processes used by the justice system should be understood by all.

Note:

- The study design has specifically defined the principles of justice (which are used above). Do NOT use any other definition. In the old 3/4 study design, the principles of justice were not explicitly defined. In the 2024–2028 study design, they have been explicitly defined.
- A lot of students have issues with not being explicit in terms of how a certain aspect of the Victorian criminal justice system does/does not achieve the principles of justice. It is also best practice to focus on a certain aspect of the principles of justice. For instance, equality encapsulates both substantive and formal equality, and it is prudent that when you make a suggestion about a certain feature achieving equality, it is specifically done so through either upholding substantive and/or formal equality.

Example 1

Question 1 (3 marks)
Distinguish between equality and access.

Firstly, consider the task/command word used. Here, the command/task word is 'distinguish', which requires students to "make clear the differences between two or more arguments, concepts, opinions, narratives, data points, trends and/or times." In the context of this question for Legal Studies, students need to highlight the differences in features of these two concepts. When you differentiate between the two concepts of "equality" and "access," ensure that the differences are very clear and explicit. Use linking words or phrases such as "on the other hand" or "whereas" in your response to allow for a more coherent structure.

A possible answer may be:

Equality, as a principle of justice, refers to all people engaging in the justice system being treated the same. If that same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all to engage without disparity or disadvantage. On the other hand, access, as a principle of justice, entails that all people should be able to engage with the justice system and its processes on an informed basis. Thus, one key difference is that equality is concerned with promoting the same or equal treatment, or an equal outcome for all, whereas access is more concerned with promoting engagement and engagement on an informed basis in the justice system.

Example 2

Question 3 (3 marks)

Identify and describe one principle of justice.

Firstly, consider the task/command words used. Here, the task/command words are 'identify' and 'describe'. According to the VCAA command glossary, the task/command word 'identify' requires students to 'recognise and name and/or select an event, feature, ingredient, element, speaker and/or part from a list or extended narrative or argument, or within a diagram, structure, artwork or experiment.' In this question, 'identify' simply requires naming one principle of justice. The task/command word 'describe' requires students to 'provide characteristics, features and qualities of a given concept, opinion, situation, event, process, effect, argument, narrative, text, experiment, artwork, performance piece, or other artefact in an accurate way.' In this question, 'describe' requires you to provide the features, characteristics, or qualities of one of the principles of justice. This could include describing what the principle is and some key features about it. For instance, equality can be used as one of the principles of justice. You can mention what equality is and how it can be categorised into two aspects: substantive and formal equality. You can also briefly elaborate on these two aspects of equality to show an understanding of its features.

Equality refers to all people engaging with the justice system should be treated the same; if that same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage. Equality can be categorised into two aspects: substantive equality and formal equality. Respectively, these refer to treatment being differentiated according to the needs of a person to promote an equal outcome and all people being treated equally regardless of their personal characteristics or status.

Example 3

Question 3 (2 marks)

Outline the principle of justice of 'equality'.

Firstly, consider the task/command word used. Here, the command/task word is 'outline', which requires students to 'provide an overview or the main features of an argument, point of view, text, narrative, diagram or image.' In the context of this question and Legal Studies, 'outline' would entail that students provide an overview of the concept of 'equality' as one of the principles of justice. This would involve describing equality and demonstrating an awareness of its features and components.

The principle of justice, 'equality', entails that all people engaging in the justice system are treated the same; if that same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage. Equality aims to promote equal outcomes (substantive equality) and equal treatment (formal equality).

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