THE LEGAL SYSTEMSection 4 - Law Reform

Hint: Law reform is integrated in all Legal Studies topics. It is always essential to evaluate the effectiveness of the law

• 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

• Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW

• Mandatory minimum 8yr sentence for unlawful fatal assault (Max 25 yrs) while under influence

• 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

Mandatory Sentencing Explained

FORMER PREMIER’S ANNOUNCEMENT

Hint: These changes were blocked in the legislative council NSW

Crimes Amendment (Intoxication) Bill 2014

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

THOMAS KELLY’S PARENTS

For Against

Sentences reflect community standards. Punishment fits the

crime.

lead to injustice due to removal of judge’s discretion

Reduces crime by being a strong detterant

Increasing penalties doesn't deter offenders because they act impulsively not

rationally

Maintaining confidence in the justice system

Imposes significant 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

CONDITIONS THAT GIVE RISE TO LAW REFORM

• Changing social values influence 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

EUTHANASIA

• 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 society’s expectations

•New concepts also reflect 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

Q&A - EUTHANASIA

•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

•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

HELMETS REFORM?

•To modernise, simplify and complement current law

•Remove obsolete unjust laws

• Improve access to justice

Law Reform Commissions

• Insufficient 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

PARLIAMENTARY COMMITTEES

• 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

•A lobby group is an organised group of people who try to influence 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

VIEWS OF THE MEDIA

• Courts (ICJ, supreme court, High Court)

• Parliaments (Aust, NSW)

• United Nations (UN)

• Intergovernmental organisations (NATO, APEC, EU)

•Other agencies

Mechanisms of Law Reform

META DATA REFORMS

Strengths WeaknessesCourts -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