Access to Law, Procedural Fairness, Rule of Law Patrick Waring

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  • Topic: Law, Justice, Pleading
  • Pages : 2 (681 words )
  • Download(s) : 79
  • Published : March 8, 2011
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The law is a system of rules, usually enforced through a set of institutions. Laws can shape of reflect society, economics or politics, and are based upon morals, ethics and values of the society the law is inflicted upon. Naturally, each individual in the society have responsibilities that they must take on. In regards to law, for example, each individual has the responsibility to have an understanding of the rule of law. Whereas, in regards to law, an individual has the right to procedural fairness and access to the law. So, what are the rights and responsibilities of individuals really? The rule of law is that no one is above the law. Aristotle claimed that the rule of law is above any rule of the individual. For example: a policeman kills a person without warrant or reason, but does not turn himself in, due to the fact that he is an officer of the law, and believes that the rule of law does not apply to him. No relevance to Waring case. Procedural fairness is also known as natural justice, and is applied when a decision that has been made may have a detrimental effect on the rights, interests and legitimate expectations of an individual. Therefore, any person who may encounter detrimental effects on these rights should be afforded procedural fairness. Procedural fairness focuses on both parties being treated fairly and equally, and includes the right to be heard, the right to be treated without bias, the right to be informed of allegations being made and to be provided with an opportunity to respond to them and the right to information regarding the status of the complaint. During his trial, Patrick Waring was hardly given the right of procedural fairness. After the allegations were made, the police took Patrick into custody, and before his parents arrived at the station, their son had already been arrested. Without any evidence against him, only the word of a teenage girl, 15 year old Patrick was being treated like a criminal. The Waring family found that...
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