Community Interests in the Legal System

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Justice is the philosophical idea that everyone is equal and should be treated the same, with their basic human rights met; it is not universal, and depends on the individual perspectives and situations of each person, and can be influenced by social factors such as culture and background. In legal terms, justice refers to the balance of rights between victims, offenders, and the broader society. The idea that there is tension between community interests and individual rights and freedoms when attempting to achieve justice centres on the fact that we value and look for a safe environment to live in where all our individual rights and freedoms are well maintained. When trying to achieve justice, two main standard values are considered, just deserts and compassion. Every criminal case will inspire people to be dedicated to a certain emotion, depending on the situation of the accused and our personal bias’ towards them and their circumstances. As Nicholas Cowdery, former NSW DPP, said, “Justice is like beauty, it is very much in the eyes of the beholder”, meaning that every person will have an opinion on what justice should be. Communities as a whole are interested in the protection of themselves and other members of the same community, ensuring that they are safe at all times. When there is a criminal amongst a community that threatens this safety, people will lean towards the idea of revenge or just deserts. This means they feel that perpetrators should be punished for what they have done, despite other factors that the defence may use to excuse their behaviour. In some cultures, this value can extend as far as an eye for an eye. Individual rights and freedoms interfere with the community interests. Each person has basic rights that they are entitled to purely because they are human, including the freedom of speech, movement and the right to a fair trial.

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