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The role of court system is to help citizens protect their constitutional rights and enforce the rights of individuals. Their main purpose is to give opportunities to parties that are in conflict to be heard in the court in order to solve the dispute in a fair, consistent and rational manner using the law and also to bring justice towards people who have been wronged. The parties take the help of lawyers who are legal representation that will provide the laws to parties.
One of the features of the Rule of Law is Presumption of Innocence. It states that “an accused person is assumed to be innocent until proven guilty”. This is very important because if it is not done there are high chances for an innocent person to get punished for a crime they have not done. Additionally, it protects the individual’s career, reputation, family and any other aspect of life. Furthermore, this rule provides procedural fairness. However it allows people who are guilty go unpunished if the crime cannot be proven to a certain level of certainty. This makes people feel that they can rely on this rule if they hide their crimes well. Also there is a burden of proof put on the prosecution and the plaintiff for them to prove that the crime was done by the defendant without an iota of doubt or beyond reasonable doubt and the defendant has zero burden to prove their innocence. An example where the ‘Presumption of Innocence’ was misused due to legal process was during the a murder charge against a man who was accused of killing Cheryl Grimmer. The case has been dropped because the evidence the prostitution presented was inadmissible and unfair to the accused so the judge ruled the evidence. This caused the accused party to walk out of the court freely.
Another court procedure that protects the rights of suspects, victims and the society is the opportunity to appeal. Decisions from both criminal and civil cases can be appealed to a higher level of court. If any party in the case is unsatisfied with the outcome of the trial then he/she can appeal to a higher court. An advantage of appealing is that the cases will be solved in a way that’s satisfactory to the party. Another advantage is that the case is heard again by the court which means that any detail or evidence that was misinterpreted or ignored can be taken into consideration which might have an impact in the change of the outcome. However, not all cases can be appealed to a higher court as they can reject the case because if all the cases are appealed then that would result in waste of time of the court and the party if the outcome doesn’t change. For example, in Rebel Wilson’s defamation case, she appealed to the high court for her reduced defamation payout. But she got rejected by the high court. Another disadvantage is that any person can appeal to a higher level of court and they cannot appeal to a lower level of court.The party doesn’t get another hearing if they appealed to a lower court from a higher court system. So even if the party is unsatisfied, there is no way to change the outcome.
Not only filing an appeal, the role of jury also plays an important role in the verdict of a criminal and a civil case. A jury is a group of people that swear to give a verdict in a legal case on the basis of evidence.
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