institutionalised inequality???? (1 Viewer)

[Mr. Sabuncuoglu]

what is institutionalised inequality...? its part of a hsc past paper that im trying to do and havent found what institutionalised inequality is... can ya help out please =)

Thanks

 

[goan_crazy]

deniz ur joking rite...
ur already looking at HSC qs in yr 11...
thats crazy dude!
i only learnt wat institutionalised inequality was last week
but anyways u wanted to know so ill tell u...
ok...
from excel hsc legal study guide

It could be said that inequality is institutionalised. I.e. part of the fabric of our govt. E.g. Legislature, executive and judiciary. The more power and money, the greater the access and the better chance that equality will be achieved.

hope that helps,
joe

 

[melsc]

This may help...something i wrote 4 school

Formal equality is the equal treatment of all people (in certain defined circumstances) despite background, social/economic status or personal beliefs. However formal equality does not however ensure equality of outcome or the prevention of institutionalised inequality. Treating each person exactly the same is fair in that each person is receiving equal treatment regardless of their background etc…however the outcome of this may not be fair or equal. For example two women charged with the murder of their respective husbands, one committed this murder for financial gain, the other committed the crime due to long term physical and mental abuse from her husband – if the women are both treated as women charged with the murder of their husbands, formal equality has been achieved as the women are treated equally before the law – however the second woman’s abuse was not taken into account –therefore formal equality has hidden institutionalised equality as the treatment seems equal. A response to this is the provision of “Battered Women’s syndrome” in the Sentencing Act. This was first accepted in the case of Runjanjic &Kontinnen (1991).

Another example is the sanction of fines, if socioeconomic status is not recognized institutionalized inequality still exists, even though formal equality is met through the consistent application of fines. For example, fining a millionaire $5000 for a crime compared to fining another (who committed the same crime) who earns a small income the same fine is formally equal in that they both have received the same fine for the same crime, however the fine would have little impact on the millionaire and a devastating impact on the other person.

Formal equality also promotes institutionalised inequality in that it does not allow for a persons background or mitigating circumstances be revealed. This means that in many cases a defendant cannot afford counsel or specialist counsel and therefore is not receiving a fair and equal defence. Though legal aid is provided for some, some people are not eligible, yet cannot afford their own counsel (or competent counsel). Not allowing socioeconomic status to be recognised means that the defendant fails to receive an equal trial to that of the prosecution or plaintiff.

Similarly, someone who has received little education, or has language difficulties (under formal equality) is treated equally as they are treated like everyone else, however, they are disadvantaged in that they may not understand the proceedings or be ignorant of the law, not taking this into consideration under formal equality means that equality of outcome and opportunity have not been met.

This concept was explored by Australian Law Reform Commission (ALRC)'s Equality before the law reports (ALRC 67 and ALRC 69 Parts I and II) where it quotes “Equality before the law means more than merely formal equality or equal treatment. True equality requires a legal system in which women's needs and experience are understood. Law cannot work in a vacuum. It must take account of the social, economic and political environment in which women live if equality before the law is to exist” highlighting that formal equality is not the only form of equality and does not ensure equality before the law.

 

[Mr. Sabuncuoglu]

hehehe thankz dude

deniz ur joking rite...
ur already looking at HSC qs in yr 11...
thats crazy dude!
i only learnt wat institutionalised inequality was last week
but anyways u wanted to know so ill tell u...
ok...
from excel hsc legal study guide


hope that helps,
joe

hehe ur a funny one joe, yeh just seeing how ill go with what i know now hehehe, jus tryna get ahead of others thanks champ

 

[Mr. Sabuncuoglu]

Melsc your a goddess

This may help...something i wrote 4 school

Formal equality is the equal treatment of all people (in certain defined circumstances) despite background, social/economic status or personal beliefs. However formal equality does not however ensure equality of outcome or the prevention of institutionalised inequality. Treating each person exactly the same is fair in that each person is receiving equal treatment regardless of their background etc…however the outcome of this may not be fair or equal. For example two women charged with the murder of their respective husbands, one committed this murder for financial gain, the other committed the crime due to long term physical and mental abuse from her husband – if the women are both treated as women charged with the murder of their husbands, formal equality has been achieved as the women are treated equally before the law – however the second woman’s abuse was not taken into account –therefore formal equality has hidden institutionalised equality as the treatment seems equal. A response to this is the provision of “Battered Women’s syndrome” in the Sentencing Act. This was first accepted in the case of Runjanjic &Kontinnen (1991).

Another example is the sanction of fines, if socioeconomic status is not recognized institutionalized inequality still exists, even though formal equality is met through the consistent application of fines. For example, fining a millionaire $5000 for a crime compared to fining another (who committed the same crime) who earns a small income the same fine is formally equal in that they both have received the same fine for the same crime, however the fine would have little impact on the millionaire and a devastating impact on the other person.

Formal equality also promotes institutionalised inequality in that it does not allow for a persons background or mitigating circumstances be revealed. This means that in many cases a defendant cannot afford counsel or specialist counsel and therefore is not receiving a fair and equal defence. Though legal aid is provided for some, some people are not eligible, yet cannot afford their own counsel (or competent counsel). Not allowing socioeconomic status to be recognised means that the defendant fails to receive an equal trial to that of the prosecution or plaintiff.

Similarly, someone who has received little education, or has language difficulties (under formal equality) is treated equally as they are treated like everyone else, however, they are disadvantaged in that they may not understand the proceedings or be ignorant of the law, not taking this into consideration under formal equality means that equality of outcome and opportunity have not been met.

This concept was explored by Australian Law Reform Commission (ALRC)'s Equality before the law reports (ALRC 67 and ALRC 69 Parts I and II) where it quotes “Equality before the law means more than merely formal equality or equal treatment. True equality requires a legal system in which women's needs and experience are understood. Law cannot work in a vacuum. It must take account of the social, economic and political environment in which women live if equality before the law is to exist” highlighting that formal equality is not the only form of equality and does not ensure equality before the law.

thankyou soo much!!! i think that even answers the question in the exam hehehe thanks once again

 

[melsc]

thankyou soo much!!! i think that even answers the question in the exam hehehe thanks once again

Well i try...LOL....Nah...but dude just relax u're in yr 11...but good on ya wanting to get ahead

 

[Mr. Sabuncuoglu]

hehe, yeh just finding abit weird... cuz coming from a public high school, the teacher to student teaching time is like nothing, i dunt know if u go to a private or public high school, but yeh thats how it is in my school and it sux realli! heheh so jus trying whatever i can really, once agen thnkz mel

ciao

 

[melsc]

ya i go to a public highschool and 4 ipt i onli get 4 periods outta six with the teacher and 4 french and italian 5/6...its a pain

 

[elissa]

hehe, yeh just finding abit weird... cuz coming from a public high school, the teacher to student teaching time is like nothing, i dunt know if u go to a private or public high school, but yeh thats how it is in my school and it sux realli! heheh so jus trying whatever i can really, once agen thnkz mel

ciao

I go to a public high school - and i can see what ur saying - it happens in all the rest of my classes - even tho there is a max of 25 people.

My teacher is excellent tho - the majority of people talk so he concentrates on the people who are listen - which is often just me. LOL. So i'm a fave

 

[Mr. Sabuncuoglu]

it sucks coming from a public school.... benefits? shyyeerrr cute benefits we get....
my school sux to the max... all the dicks are still in the school and they have no intentions of dropping out.... so you can predict the UAI i'll b gettin... aiming for a 97 but prolly get like a 88 or lower.... but yeh makes me wanna work harder... thats why i think people from public schools come out stronger in the end... becuz we have it hard!! hehehe

 

[elissa]

all the dicks are still in the school and they have no intentions of dropping out

same here - im in a (general) maths where they complain about doing one damn question. I'm so sick of the little bastards who waste my time-Guys & Girls.

My maths teacher completely blew up at a few - coz he wrote more questions on the board for the class to do - and some people started saying crap about how they shouldnt have to work and that stupid stuff.

MAKES ME SO

 

[Mr. Sabuncuoglu]

same here - im in a (general) maths where they complain about doing one damn question. I'm so sick of the little bastards who waste my time-Guys & Girls.

My maths teacher completely blew up at a few - coz he wrote more questions on the board for the class to do - and some people started saying crap about how they shouldnt have to work and that stupid stuff.

MAKES ME SO

What subjects do u do? and is it liek that for all classes? cuz if it is i dunt think theres much for u to do cuz ur hsc is soon... but yeh i'd suggest to see your yr advisor or something....

 

[elissa]

dont worry - maths is the only class that happens in - and i get sick of it but then i realise that it just shows that they dont really care about their work - which means that i will go better than them (coz i care).

Anway, every other class is reasonably good - sometimes business studies can play up - just coz of the few guys in it.

Legal's the best - if a certain student doesnt show up.

besides i hate my year advisor - he's a bastard

 

[Mr. Sabuncuoglu]

dont worry - maths is the only class that happens in - and i get sick of it but then i realise that it just shows that they dont really care about their work - which means that i will go better than them (coz i care).

Anway, every other class is reasonably good - sometimes business studies can play up - just coz of the few guys in it.

Legal's the best - if a certain student doesnt show up.

besides i hate my year advisor - he's a bastard

thats abit stuffed up... they still mucking around and their in yr 12??? lol ahhh children in todays society...... very ummm immature!!! all the best for you elissa and for your future studies!! hehe and good luck for ur half yrlies

happy easter