The Australian legal system aims to achieve justice for every person in every case. To ensure they achieve justice, Australia follows the principles of justice. But in some cases, such as the Mickelberg’s the principles: “innocent until proven guilty”, “right to appeal” and “burden and standard of proof” the law was not upheld. This shows the extent to which justice was not upheld.
The principle “innocent until proven guilty” was not upheld in the Mickelberg case. The principle “Innocent until proven guilty” means the accused in innocent until proven guilty on court. This principle is important for Australia to follow because it provides the accused to prove themselves innocent Mickelbergs were small time criminals that were caught near the stolen gold and the police took them in to the judge without looking more into the scene and the Mickelbergs were sent to jail. The Mickelbergs were not supported in the principle “innocent until proven guilty” and suffered the consequences.
The Mickelbergs were not supported in the principle “right to appeal”. The principle “right to appeal” means that if you are found guilty you have the right to appeal, if the appeal is acceptable the accused goes to court then 3 judges enter the panel and hears the accused persuade then that they are innocent. This law is important because it provides the accuses to have a saying and get a second chance to prove themselves innocent. This principle was not supported in the Mickelbergs, the Mickelbergs had tried to appeal after the first initial trial but had been denied, it was only after 9 months of jail that one of the brother’s appeal had been accepted and the judges were persuaded, and he was let out, but the other brother had not been so lucky and were in jail for another 19 years. Principle “right to appeal” had not been upheld in the Mickelbergs and they tried to appeal but with little success.
The principle ‘’burden and proof” wasn’t achieved in the Mickelbergs. The principal burden and standard of proof means the prosecution must prove the defended guilty or guilty reasonable doubt. This principle is important because it gives the defended to say that they are not guilty by the evidence. The Mickelbergs were taken to the police which they were forced to sign that they are guilty even though the police had no evidence. The Mickelbergs were sent to court and the police gave them the piece of paper they signed and the Mickelbergs were sent to jail.
Ray and Peter Mickelberg
The principle was that was upheld was the equal treatment before the law. Equal treatment before the law means no discrimination before the court which means that beyond race, gender and sexuality you are treated fairly on court. This principle is important because it prevents people being sexist, racist and homophobic on court. The Mickelbergs were followed by this principle mainly because they were white and male, so the court had no discrimination against them but were still sent to jail being falsely accused guilty.
The Mickelbergs were not able to achieve justice in most of the principles of “innocent until proven guilty”, “right to appeal” and “burden and standard of proof”. Thankfully, Australia has reflected on the principles that the Mickelbergs had been wronged on and made sure that they were followed in case of a similar cause.