fairness


fairness Meaning

Globally, the principle of fairness is a fundamental component of the judicial system. Fairness is frequently defined as impartial and equitable treatment or behaviour devoid of favouritism or discrimination. In the context of the law, this implies that both parties to a case should be regarded on equal footing. No party should receive an unfair advantage over another. In Criminal Law in an effort to achieve justice, judges impose severe punishments for serious offences and less severe punishments for minor offences. This principle is founded on the notion that everyone should be given an equitable opportunity to defend themselves and that no one should be punished arbitrarily. The judicial system plays a significant role in upholding the principle of equity, which is a fundamental aspect of society.

The Concept of Fairness

In legal proceedings, everyone must be afforded an equal and discrimination-free opportunity to present their case. A precise adherence to the norms of evidence and procedure is a prerequisite for achieving justice. If people are dealt differently in court and receive different sentences, it should be because of the application of laws and legal principles, not because of their individual characteristics or attributes. The inherent principle of justice should be devoid of prejudice and bias, allowing for the equitable and equal treatment of all individuals regardless of their origin, race, religion, orientation, or social standing. The legal system must ensure that everyone is afforded due process and a fair trial in accordance with the law.

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