Law Reform Flashcards
Changing social values
Standards or principles that guide people in their thinking about aspects of their society
Example: 'One punch laws' Loveridge (The crimes and other legislation Amendment Act 2014 NSW) Public outcry 7years 2months sentence Many thought sentence too lenient
New concepts of justice
When law is unable to deliver just outcomes to individuals and the community, there may be a need for law reform
Capital punishment to rehabilitation
Capital punishment now banned in Australia
Example: capital punishment
‘Quiet diplomacy won’t stop the death penalty’- media article
Chan and sukimaran executed 9th April- 8kg heroin
New technology
Advances put law under pressure to remain current
Example:
DNA
Led to convictions previously without other physical evidence, would have been a conviction
- The crimes (forensic procedures) Act 2000 (NSW)- introduced to set guidelines for DNA testing of criminal suspects
Act sets out who may be tested and who may order the test
Agencies of law reform
Australian law reform:
established in 1975
Operates under Australian law reform commission Act
Advise the gov on how the law can be changed to meet current needs
NSW law reform:
Under the law reform commission Act 1967 (NSW)
Eliminates aspects of the law that are out of date, unnecessary, too complex, or defective
Parliamentary committees:
Heard witnesses, examine evidence and formulate conclusions
Lobby groups:
Change the law to keep particular law that already exists or to introduce new laws
NGOs:
Formed by volunteers
Reduce poverty in developing countries
Provides funding for NGOs witching Australia such as action aid
Media:
Keep citizens informed to apply public pressure on governments to address injustice, incompetence or corruption
Promote law reform
Mechanisms of law reform
Courts
Parliaments
UN
Intergovernmental organisations
Conditions that give rise to law reform
Changing social values
New concepts of justice
New technology
