Australian Criminal Justice System, the Belief in Justice, an Independ Essay

Australian Criminal Justice System, the Belief in Justice, an Independent Judiciary and the Rule of Law - Essay Example For any criminal justice system to be accepted by everyone, it must not discriminate against the people of a certain race, ethnic background or social class. The legal system can only be fair if the necessary procedures that guarantee a fair trial are in place. Similarly, there must be a system of law for the purpose of fairness in the society or simply the Law of Equity. The society will continue to trust the legal system if justice is not only done but perceived to be done. The entire society more so the witnesses and victims should be made aware of steps that are made to ensure that those who are involved in criminal activities are arrested and prosecuted. Furthermore, the public should be able to witness, by the means of the criminal justice system, the law bringing about accountability. The legal system comprises some basic elements of justice which include unbiased judges, jury trials that are just and the provision of security to the witnesses whenever it is called for. The Australian Justice system is based on the belief in justice, an independent judiciary and the rule of law (Australian Government Department of Foreign Affairs and Trade, 2008). The people, in disregard of race and whether or not they are citizens, are given similar treatment before the law. The law also safeguards and ensures that the people are given fair treatment by officials and governments. There are some principles which are fundamental to the Australian legal system. These include the separation of powers, judicial precedent and procedural fairness. The Australian jurisprudence is based on the United Kingdom common law system. This law shows a great variation from the other civil law systems operating in Japan, South America and Europe that originated from Roman law (Australian Government Department of Foreign Affairs and Trade, 2008). The major feature of the common law is that cases that have been settled previously act as a precedent to the pending  cases.