Wednesday, May 6, 2020
Equal Justice and Cultural Diversity â⬠Free Samples to Students
Question: Discuss about the Equal Justice and Cultural Diversity. Answer: Gateway to Melbourne Research Publications. University of Melbourne. This was a research conducted by Clark in 2011. The research entails numerous quality sources that have been cited throughout and provided on the reference page. It also provides a concise organization of ideas into chapters, topics, and sub-topics. There is a clear and integrated introduction and conclusion of the subject matter. Clark illuminates on how the Australian justice system applies to both the victims of sexual assaults and the offenders. One of the issues that Clark highlights in the article is the declining rate of prosecution and conviction of the sexual offenses while the victims/survivors of the offenses continue to suffer the leniency of the criminal justice system. She argues that such controversy always leaves the victims/survivors with distress and trauma. Clark, however, contends that the current climate of the Australian criminal justice system has undergone reformation and redefinition hence it has increasingly focused on the provision of justice to the victims of sexual assault. She, therefore, addresses the creation of procedures that provide fairness and responsiveness to the need of the victims. Considering the broadness of the criminal justice system, Clark's contribution remains fundamental and relevant to the topic of how justice is applied in Australia. Although Forster's journal was written more than a decade ago, it remains relevant in the Australian criminal justice system context. The journal incorporates a lot of citations thereby confirming its accuracy. Forster is a liberal councilor in Sydney City and a candidate for the Liberal Lord Mayor in Australia. It is, therefore, evident that Forster attracts substantial authority in writing the journal. The title, organization and the sound content of the journal also show how relevant it is even in the contemporary Australian criminal justice system. Forster examines the manner in which the justice is served to the victims of sexual abuse. She, therefore, evaluates the justice injuries compensations schemes as applied in Australia. Forster laments the pervasiveness of sexual assault in Australia as in other jurisdictions. Throughout her article, she cites the importance of enacting effective compensation schemes to redress the situation. The compensation schemes, according to her, will have essential benefits which are not only symbolic but also economic and therapeutic. In this sense, therefore, the author seeks to compel equal application of justice to the victims of sexual abuse in Australia. The paper covers the latest of the Australian cultural diversity and law conference. It is compiled by French. French was a judge in the Federal court of Australia and later became a chief justice of the High court of Australia. He is also a renowned professor of law at the ANU College of law. It, therefore, means that this paper has an attribution of authority. He has provided a good number of the cited sources hence ascertaining the credibility of the article. The manner of organization and flow of ideas portray, to a greater extent, represent the accuracy of the material. French, in his paper, addresses the issues of equality before the law and the justice within the Australian context. In his discussion, he discusses how cultural diversity is accommodated within the substantive law and how the justice system responds to the same. French, again, introduces the notion that differentiates equality before the law and the application of equal justice. He argues that although the law m ay apply equally to all victims, there may be adverse outcomes of this application depending on who the law is applied to and the circumstances defining the application. The scope of the paper, thus, affirms its relevance. The paper was published in 2014 by Innes, a Disability Discrimination Commissioner of the Australian Rights Commission. The paper has authority since it has contributions by various stakeholders in the criminal justice system and the category of people of concern (people living with disability). Similarly, Human Rights Commission is an accredited and constitutional mandated commission in Australia. One cannot discuss the treatment of victims without paying attention to human rights. The paper thus seeks to examine how people with disability are treated by the law. The commission, therefore, carried out an Australian-wide consultation with individuals living with disability and experts such as judges, lawyers, attorney general, correction officers, magistrates, and judges. In their consultation, the commission noted areas where law applied differently to the disabled. Consequently, the commission outlines some of the primary programs and services that are aimed at promoting equality b efore the law especially for persons with disability. However, the necessary strategies were enacted to ensure that all victims receive equal treatment. The paper includes a broad range of credible citations that include research papers, journals, books that relate to the topic. The paper is well organized by topics and subtopics. It also in-depth coverage of various issues regarding the subject matter. Miller and Hefner's journal is relevant having been published in 2015. It, therefore, covers the latest issues in the procedural justice and restorative justice in Australia. The journal can be said to have an excellent command for the discourse considering the specialties of the authors. Miller is currently a professor at the University of Delaware (Department of Sociology and Criminal Justice). Hefner is a doctoral student at the University of Delaware in the department of Department of Sociology and Criminal Justice. She also has a BA in psychology and MA in sociology/criminology. Her main areas of research are law, prison institutions, and gender. Miller and Hefner provide an analysis of how restorative justice is perceived by the victims including offenders. Other than the perception, they also evaluate the impacts of the restorative justice to the victims. In this case, therefore, the authors demonstrate the compatibility of the restorative justice with the procedural justice. They also underpin that the primary role of the restorative justice s to correct the harms that result from the criminal justice system. In so doing, they argue that the procedural justice goals for the offenders and victims are not only satisfied but also enhanced. Essentially, it helps the citizens gauge the fairness in the legal procedures and processes. References Clark, H.C. (2011). A fair Way to go Criminal Justice for Victim/Survivors of Sexual Assault. A Gateway to Melbourne Research Publications. University of Melbourne. Forster, C. (2004). Good Law or Bad Lore-The Efficacy of Criminal Injuries Compensation Schemes for Victims of Sexual Abuse: A New Model of Sexual Assault Provisions. UW Austl. L. Rev., 32, 264. French, R. (2015). Equal Justice and Cultural Diversity-The General Meets the Particular Cultural Diversity and the Law Conference. 1-14. Innes, G., (2014). Australian Human Rights Commission. Equal Before the Law: Towards Disability Justice Strategies. Accessed on August 29th, 2017, from https://www.humanrights.gov.au/sites/default/files/document/publication/2014_Equal_Before_the_Law.pdf Miller, S. L., Hefner, M. K. (2015). Procedural justice for victims and offenders?: Exploring restorative justice processes in Australia and the US. Justice Quarterly, 32(1), 142-167.
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