In this project, we learned about the principles of justice that uphold Australiaβs legal system, such as the presumption of innocence, an impartial judiciary, and the right to legal representation. I studied the case of Lloyd Rayney and analysed how these principles were both upheld and violated in this case. After writing an essay on the topic, we were required to incorporate feedback and edit the essay so that it was fit for online publication. This essay is the end result of that editing process. It demonstrates my ability to take feedback, and to refine a piece of written work to produce a professional result.
In the Lloyd Rayney murder case justice was upheld but not very often. There were many principles of justice that were upheld and I will be talking about. These principles are the right to a fair hearing, presumption of innocence and equality before the law.
In the Lloyd Rayney court hearing, Mr Rayneyβs case was heard without a jury. This is due to the fact that the case was heavily covered by the media. This coverage was biased so the court decided not to use a jury because the members of the jury couldβve been persuaded by this coverage. The court also used an interstate judge to hear the case because Mr Rayney was a WA barrister and Crown lawyer and if he was friends with the judge he couldβve been given a lighter sentence.
When Mr Rayney was arrested by police for the murder of his wife he was labelled the prime and only suspect early in the investigation. This violates the presumption of innocence because the presumption of innocence means that the accused is innocent until proven guilty. This presumption continues until the prosecution can prove beyond reasonable doubt that the defendant is guilty. Mr Rayney then took advantage of these claims and sued the police for labelling him as the prime and only suspect.
The principle of justice, equality before the law was violated when Mr Rayney was arrested. Equality before the law means that all people are to be treated equally by police officers and courts. This was violated when police were informed that there were three other men that couldβve been involved in the murder of Corryn Rayney. Instead of investing these three men, police pursued Lloyd Rayney. Police obsessively investigated Rayney without even a thought of the other three men being involved which was not equal treatment.
This shows that the courts and police mostly follow the principles of justice. On the other hand, they can make mistakes that can change lives forever. This can also have a negative impact on society if not everyone is treated the same by the justice system