Judiciary In Justice

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The role of the judiciary is to interpret the law, apply the law in different situation to achieve justice. Justice which is defined in a legal sense as “a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.” (Legal Dictionary). Justice can be achieved through various legal processes such as; police investigations and coronial inquests. Legal principles are instrumental in achieving justice such as; the rights of the accused and victims, and equality before the court. When these processes and principles are applied correctly, justice can be achieved this is demonstrated in two Australian cases; Mallard v. The Queen (2005) and a Missing Persons Case Kieffen Raggett…show more content…
Deaths are considered reportable if the death is deemed unnatural or suspicious. In these circumstances the coroner will conduct a forensic autopsy, which differs from a hospital autopsy, as it examines the body for signs of trauma, injury or foreign objects, this enables the coroner to determine when and how the deceased may have died. This is crucial, especially in suspicious deaths as it can implicate or exonerate a suspect, and may be used as evidence in an eventual trial (Moles, R). A coronial inquest will occur when there is an unnatural death, or unexplained circumstance. These proceedings are more inquisitorial than normal court proceedings as the coroner will gather all the evidence, if there is evidence that a serious crime was committed, the coroner will recommend that an indictment is issued (Milgate et al 2016). Inquests are generally done when the initial findings are unclear/unsolved. Autopsies and inquests are necessary within the Australian legal system, and aid in the pursuit of justice for individuals and…show more content…
This case includes the legal principles of rights of the accused and victims and access to justice, it includes the legal process of a police investigation. Andrew Mallard was convicted of the murder of Pamela Lawrence on 15 November 1995. Lawrence was found in her jewellery store on 23 May 1994, the police investigated around 200 suspects, but continually returned to Mallard. Mallard was suspected because he was living close to the murder scene, and according to the police ‘fit the bill’. At the time of the murder, Mallard was being treated at Graylands psychiatric hospital, it was here he was first interviewed, later he was interviewed at the police station for 8 hours, this was not recorded. Mallard stated that during these interviews he was asked to put “forward his own theories of how it had been committed” (Fair Trials 2013). This can be seen as coercion and a violation of Mallard’s right to not be compelled to admit guilt (ICCPR). Mallard was questioned again and again by police, during which he was bullied and assaulted. This demonstrates the denial of justice, as the police investigation was deeply flawed and conducted unethically. Mallard consistently refused to sign interviews as they did not accurately reflect what was said, despite this they were admitted into evidence, and crucial in his conviction. This illustrates the denial of the rights of
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