1.4 Law Reform Flashcards
how can law reform occur?
creating a new law, amending an existing law, or repealing/removing old laws that are no longer needed
give an example of new technology that influenced law reform.
The Crimes (Forensic Procedures) Act 2000 (NSW) → introduced to state the guidelines and procedures for forensic testing of criminal suspects.
give an example of new concepts of justice that influenced law reform.
abolishment of capital punishment (the death penalty)
what conditions give rise to law reform?
changing social values, new concepts of justice, new technology, and the relevance/development of international law
give an example of the development of international law that influenced law reform.
The United Nations Convention on the Rights of the Child (1989) (CROC) - was signed and ratified by Australia which enabled law reform for children and young people.
give an example of a changing social values that influenced law reform.
same sex relationships: Marriage Act 1961 (Cth) was amended to define marriage as “the union of two people”
what are law reform commissions?
established by various parliaments, to report on matters referred to them under the terms of reference for a particular inquiry.
what is retribution?
the sentence given to the offender matches the offence
what do agencies of law reform investigate or influence?
the extent to which the law may need to be reformed
what are the FIVE main agencies (influences) of law reform?
law reform commissions, parliamentary committees, the media, non-government organisations, lobby groups
what is a standing committee?
(as a part of a parliamentary committee)
exists for the entirety of the time that the the body appointed to it is standing. They report and inquire on matters that are referred to them by the Senate or House of Representatives
what are parliamentary committees (and what are the two types)?
established by both Houses of Parliament, who inspect government activity, including decisions, and the expenditure of public money. there are two types: standing committees and select committees
what is a select committee?
(as a part of a parliamentary committee)
small committees elected and appointed for a particular purpose, or a once-only task. hears witnesses, examines the evidence and forms conclusions.
what are non-governmental organisations and what do they provide as a seperate entity from the government?
formed voluntarily by individuals, are independent of the government, meaning they are under no obligation to conform to any government policies, providing un-bias information about various issues
what is the media’s role in law reform?
allows the public to receive an accurate account of events that is occurring, allowing for citizens to pressure governments to address injustices, incompetence, corruption, and politics
what are lobby groups and what do they try to do?
organised group of people who try to influence governmental members to advance their group’s agenda (social/political), such as changing the law, keeping an existing law, or introducing a new law.
what are the FOUR mechanisms (actions/changes) of law reform?
courts, parliaments, the United Nations, intergovernmental organisations
what are the positives of charge negotiation?
time/resource efficient, increase crime conviction rates, reduce costs involved in the trial (positive for the victim as not as confronting, positive for the community as cheaper for taxpayers),
what is the parliaments role in creating law reform and where does this motivation come from?
through the passage of Bills. the majority of the motivation towards this change usually from the conditions and agents of law reform.
what is the United Nations role in creating law reform (in Australia)?
when Australia starts a treaty by passing legislation that accounts for its international responsibilities.
what are the courts role in creating law reform?
courts-made law through precedent (e.g. Mabo v Queensland (No 2) [1992] HCA 23)
why was charge negotiation implemented?
(e.g. what was it’s aim)
aimed to reduce court delays (improve resource efficiency)
what is charge negotiation?
an agreement between the accused and the DPP involving the acceptance of a guilty plea in exchange for something else (e.g. reduced sentence)
what are intergovernmental organisations role in creating law reform?
many are subsidiaries (a branch) of the United Nations who meet and decide upon certain international issues, contributing to law reform through the promotion and development of treaties on a global and regional scale.
what is the reformed legislation for charge negotiation?
The Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 → was previously known as the Crimes (Sentencing Procedure) Act 1999.
what is the case study related to charge negotiation?
R v Loveridge (2013)
what are the negatives of charge negotiation?
possible pressure/manipulation to accept guilty plea, lower/lesser sentence does not seek retribution/justice for victims family
what are the case details relating to R v Loveridge (2013)
assaulted 5 people, and killed an 18-year-old boy. he was initially charged with murder, but pleaded guilty and the charge brought down to manslaughter and initially given sentence of 5 years imprisonment. however, the DPP appealed on the leniency of sentence, and it was increased to 10 years
what is the No Body, No Parole’ law?
a parole order must not be made for a homicide offence where the offender has not cooperated with the police in locating the victim’s body.
what is the analysis of the R v Loveridge (2013) case?
(positives and negatives)
effective in secured a guilty plea which promotes resource efficiency in the court as lengthy & costly trial is skipped, however the initial sentence through charge negotiation, impacted justice for the victim and community as it doesn’t meet society’s expectations of the law.
what is the reformed legislation for the implementation of No Body, No Parole’ laws?
The Crimes (Administration of Sentences) Amendment (No Body, No Parole) Act 2022, amended the Crimes (Administration of Sentences) Act 1999
what are the positives of No Body, No Parole’ laws?
offers prisoners incentives, providing closure to family → achieving justice for the victim
what are the negatives of No Body, No Parole’ laws?
lack evidence to support effectiveness, doesn’t provide justice for those wrongfully convicted, and may offer false hope to victims’ families
what case study relates to ‘No Body, No Parole’ laws?
and what did this essentially introduce?
R v Dawson (2022) → essentially introduced ‘No Body, No Parole’ laws into NSW
what are the case details relating to the R v Dawson (2022) case?
(and how was the case reignited?)
originally occurred in 1982, when a Cromer High PE teacher was accused of having and affair with his student/babysitter. his wife, Lynette Dawson, later goes missing. the case was later reignited by the ‘Teacher’s Pet Podcast’
what was the sentence outcome of the R v Dawson (2022) case?
24 years imprisonment for murder, 18 years non-parole, plus an additional 3 years for having an affair with a minor → in total, 27 years
