Law Reform
Transcript of Law Reform
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