All Legal Studies Predictions

Resource Description

Human Rights

International Legal
o 20th century – Slavery conventions (1926) est. by the UN to abolish slavery worldwide
o Reformed + expanded in 1956 in the Supplementary Convention on the Abolition of Slavery, the

Slave Trade and Practises similar to Slavery
o 2000 the UN general assembly established the Palermo Protocol
● The first legally binding instrument – agreed definition of human trafficking
● Greater conformity – 147 signatories – SS protecting HR

CRIME Adversary System

o Procedures + rules of evidence = designed for equal opportunity to present case (each side)
o Accurate verdict + emphasis on procedural fairness = rule of law
o Common Law rights – Right to Fair Trial
▪ Common law “right to fair trial” (Dietrich v Queen) ensuring that there is always an unbiased outcome
▪ Prosecution burden of proof

“innocent until proven guilty” – greater justice to the accused.
▪ ABC 2017: “Can jury trials be fair in the age of social media”
⇒ “Jurors running their own criminal investigations using the internet and social media is increasingly risking Australians’ right to a fair trial”

o Evidence
▪ Evidence must be collected lawfully in accordance to the Evidence Act 1995.
▪ Breaches act = judges declaration of the evidence as inadmissible – cannot be used
▪ R v Scaf
⇒ Evidence revealed 2 jurors conducted unprecedented investigation of crime scene
⇒ Court of Criminal Appeal quashed convictions + ordered retrial
o Effective for accused – right to fair trial, unlawful evidence is inadmissible