Law Reform

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    27-Jul-2015
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Transcript of Law Reform

1. THE LEGAL SYSTEM Section 4 - Law Reform 2. Hint: Law reform is integrated in all Legal Studies topics. It is always essential to evaluate the effectiveness of the law 3. law reform is the process of changing the law to make it more current, correct defects, simplify it or remedy injustice law reform is not always smooth or easy 4. Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW Mandatory minimum 8yr sentence for unlawful fatal assault (Max 25 yrs) while under inuence Lockouts, 10pm closing time of bottle shops R v Loveridge (Death of Thomas Kelly) Death of Daniel Christie 7:30 Report Case Space: Mandatory Sentencing and Alcohol Fueled Violence Hint: This is a great case study for law reform, discretion, ethical standards, balance of rights 5. Mandatory Sentencing Explained 6. FORMER PREMIERS ANNOUNCEMENT 7. Hint: These changes were blocked in the legislative council NSW Crimes Amendment (Intoxication) Bill 2014 8. Non-Legal Responses Lobby Campaigns Last Drinks Emergency services campaign, News Ltd Real Heroes Walk Away, Kelly Family Petition Media Major Sydney newspapers ran lengthy campaign labelling the sentencing as only 4 yrs when in fact it was 7 Focused on Kings Cross and connected both assaults together Commercial media supported reform for tougher laws but as soon as they were enacted they jumped to defend clubs and DJ's News Article 1 News Article 2 9. THOMAS KELLYS PARENTS 10. For Against Sentences reect community standards. Punishment ts the crime. lead to injustice due to removal of judges discretion Reduces crime by being a strong detterant Increasing penalties doesn't deter offenders because they act impulsively not rationally Maintaining condence in the justice system Imposes signicant costs to the system. likely to have less guilty please therefore more trials. Higher prison costs less severe and less costly can achieve the same outcome e.g. resources to prevention programs Arguments For and Against Mandatory Sentencing Map of Sydney Entertainment Precinct 11. CONDITIONSTHAT GIVE RISETO LAW REFORM Changing social values inuence reform e.g acceptance of same-sex relationships has changed over time in society and reforms have been made to the law Changing Social Values 12. EUTHANASIA 13. If the law is unable to deliver just outcomes, there may be a need for law reform Over time, criminal law has changed and adapted to societys expectations New concepts also reect moral and practical considerations New concepts include youth justice conferencing, circle sentencing or rehabilitation New Concepts of Justice Hint: generally law reform is reactive not proactive 14. Q&A - EUTHANASIA 15. New technology always places pressure on the law to stay current IVF, DNA testing and stem cell technology are just a few examples where technology continues to present challenges to the law New Technology 16. Law reform issues are usually investigated or reported on by one of the following organisations Government law reform commissions, such as the NSW Law Reform Commission or Australian Law Reform Commission Parliamentary committees The media NGOs Lobby groups Agencies of Law Reform 17. HELMETS REFORM? 18. To modernise, simplify and complement current law Remove obsolete unjust laws Improve access to justice Law Reform Commissions 19. Insufcient time in parliamentary sitting sessions to discuss issues that arise from a particular piece of legislation. Select Committee are small committees appointed for a particular purpose, or a once-only task. Standing Committee is a committee that is permanent during the life of the body that appointed it Parliamentary Committees 20. PARLIAMENTARY COMMITTEES 21. A free and fair press is essential in a democracy Media reports have the ability to interview important political leaders and hold them accountable The Media 22. A lobby group is an organised group of people who try to inuence government ministers or other members of parliament to advance their social or political agenda The Lone Fathers Association of Australia has been a strong advocate for shared equal parenting.This reform occurred in 2006 of the Family Law Act 1975 NGO - Lobby Groups 23. VIEWS OFTHE MEDIA 24. Courts (ICJ, supreme court, High Court) Parliaments (Aust, NSW) United Nations (UN) Intergovernmental organisations (NATO,APEC, EU) Other agencies Mechanisms of Law Reform 25. META DATA REFORMS 26. Strengths Weaknesses Courts -Binding precedent (high court), decisions are decided and remain Courts - do not make the law, therefore reform needs to be achieved outside of the courts Parliaments - Main mechanism for law reform Parliaments - Decisions may take a while when passing a bill UN - Main International body UN -The need for compliance from nation-states