Formal Equality and Institutional Inequality (1 Viewer)

[goan_crazy]

These are some questions i did in class
i got the answers i jus need examples plz and if you could tell me if this is rite
Key Question and issue:
What is FORMAL EQUALITY? Give an example:
FORMAL EQUALITY occurs when the law provides that, in certain denied sequences, everyone should be treated equally regardless of baclground, social or economic status or personal beliefs.
[need example plz]

2. What are the 3 types or equality? Give examples for each:
EQUALITY OF OPPORTUNITY-Equal treatment of people in access to employment and services
EQUALITY BEFORE THE LAW-Everyone is treated equally in their dealings with the law. E.g. The rule of law
EQUALITY OF OUTCOMES-A practice whereby the law, policy or precedent aims to ensure that, regardless of educational or socioeconomic background, or inequality of opportunity, the result of certain exercises will be equality.
[Need examples plz]

3. Does formal equality before the law hide institutionalised inequality?
Despite formal equality before the law the reality is different. Those with less power, less money and less education have less chance of being treated equally by the law. Mainly because of accessibility.
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.

 

[RUBLEET]

have u checked the excel study guide......it should have some......

 

[goan_crazy]

have u checked the excel study guide......it should have some......

i used excel for answerin q3
and heinemann for 1 and 2
can any1 plz help me wit examples?

 

[goan_crazy]

plz ppl...its jus examples
cmon!

 

[goan_crazy]

yeah, for formal equality use any type of legislation, eg Anti discrimination Act, Sex discrimination act, Afrimative action etc etc

equality of opportunity...um, just use legal aid perhaps as an example? it increases accessibility

equality before the law- rule of law, natural justice

equality of outcomes- same as formal equality

thanks~*HSC 4 life*~

 

[melsc]

I have something here that is related to this...

Q.3 ~ Does formal equality before the law hide institutionalised inequality?

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.

 

[paper cup]

These are some questions i did in class
i got the answers i jus need examples plz and if you could tell me if this is rite
Key Question and issue:
What is FORMAL EQUALITY? Give an example:
FORMAL EQUALITY occurs when the law provides that, in certain denied sequences, everyone should be treated equally regardless of baclground, social or economic status or personal beliefs.
[need example plz]

2. What are the 3 types or equality? Give examples for each:
EQUALITY OF OPPORTUNITY-Equal treatment of people in access to employment and services
EQUALITY BEFORE THE LAW-Everyone is treated equally in their dealings with the law. E.g. The rule of law
EQUALITY OF OUTCOMES-A practice whereby the law, policy or precedent aims to ensure that, regardless of educational or socioeconomic background, or inequality of opportunity, the result of certain exercises will be equality.
[Need examples plz]

3. Does formal equality before the law hide institutionalised inequality?
Despite formal equality before the law the reality is different. Those with less power, less money and less education have less chance of being treated equally by the law. Mainly because of accessibility.
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.

if you understand the definitions you should be able to fire off examples. otherwise it means you haven't got the concept down...that was not intended to sound snooty.

 

[goan_crazy]

if you understand the definitions you should be able to fire off examples. otherwise it means you haven't got the concept down...that was not intended to sound snooty.

thanks cherryblossm
no i didnt take it as snooty

 

[manifestation]

Formal Equality – theory side of the actual practice. Here in theory everyone in Australia is treated equally and given the same opportunities
Institutionalized equality- this is the practical side to it. Although it seems everyone in Australia is equal there are people in sub groups in society who are part of a minority and aren’t able to benefit from the opportunities.
E.g. of formal equality:
Everyone has to right to access the law.
Everyone has the right to vote


EQUALITY OF OPPORTUNITY-Equal treatment of people in access to employment and services. …………..So everyone has the right to apply for a job. They have equal rights to a safe working environment. (work cover). Everyone has the equal opportunity to access the minimum wage.
EQUALITY BEFORE THE LAW-Everyone is treated equally in their dealings with the law. E.g. The rule of law. ……………So everyone has the implied right to legal representation. All Australian citizens are allowed to contest evidence put forward during court (natural justice – cross examination).
EQUALITY OF OUTCOMES-A practice whereby the law, policy or precedent aims to ensure that, regardless of educational or socioeconomic background, or inequality of opportunity, the result of certain exercises will be equality…………..so legal aid, if people aren’t able to afford legal representation they are given the opportunity to apply for legal aid.

Does formal equality before the law hides institutionalized inequality?

This relates most to EQUALITY OF OUTCOMES because this area is where the law has its most flaws. Although everyone might have the same opportunity not everyone is able to understand that system. For example unskilled migrants who come to Australia looking for a better life think Australia has equal everything…true but its not equal if you don’t understand it and aren’t familiar with it. For example: if you come from a non – English speaking background to Australia and get into trouble with the law or are being framed or a victim of fraud and exploitation how are you going to access the law and legal representation if you cant speak the language and don’t understand the system. Therefore not an equal opportunity.

N e way hope that helps my mate!!!

 

[biggsy]

i just wanted to clear something up....could anyone give a clear definition of institutional inequality???
just having trouble answering few questions of my own..thanks

 

[keepero1]

yeh i know this is really really really old, but im doing an assignment on this now and i coudlnt help myself...

'some forms of inequality that have existed in society (poor education, lower economic status, restricted power base for certain groups, migrants, women, indiginious aus) have existed for so long that they have almost become accepted or institutionalised....main reason that society accepts this inequality is that it is hidden behind formal equality(everybody is equal, no one group given favourable treatment)'