Essay On Justice Is Justice Denied

Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these very processes and principles. This is exemplified through the Mallard vs Queen (2005) case and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles including equality before the court, the rights of the accused and victims, are also instrumental in achieving justice as shown through the application of these principles within these cases.

Police investigations are vital in the Australian legal system, and play a huge role in justice being denied or achieved. The main role of a police investigation is to gather evidence, this can include interviewing witnesses, gathering forensic evidence and interrogating suspects. (Western Australian Police). It is crucial that the police investigation is conducted according to law and in an ethical and unbiased manner. it is unlikely every investigation is conducted properly, thus leading to problems within the legal system and justice being denied. Forensic evidence may also be obtained by police in a specific procedure which includes; the taking of prints, examination of the person’s body, biological

Ideally this would be equal for everybody, however it isn’t for some groups such as; Aboriginal and Torres Strait Islanders and mentally ill people (Milgate et al 2016). Indigenous people have difficulty accessing justice due to; language and cultural barriers, geographic limitations and socioeconomic class (Parliament of Australia 2010). It is difficult for mentally ill people to access justice due to; unawareness of their legal rights, communication problems, and lack of treatment (Law Foundation