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Evaluate The Effectiveness Of Law Reform Essay

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Evaluate The Effectiveness Of Law Reform Essay
Evaluate the Effectiveness of Law Reform in Dealing with Defences to Criminal Charges in the Criminal Justice System.

Evaluate: Make a judgment based on criteria
- Equality
- Accessibility (Draft Bill and Report)
- Enforceability (In the future - provocation bill)
- Resource Efficiency (Time taken to establish the committee and the time the committee has taken)
- Protection of Individual Rights
- Meeting Society’s Needs / How Responsive (Fast response due to media outcry)
- Rule of Law
- Achieving Justice (Is it better now for “society”, is there success for the abusers or the victims)

Law Reform - Provocation:
- Where an attacker loses control based on the actions or the words of the deceased person and where those action could have …show more content…
(Committee report)
• Reform follows on from the April 2013 release of the Final Report of the Select Committee of the NSW Parliamentary Inquiry into the operation of the partial defence of provocation
• “Without provocation, vulnerable defendants would be convicted of murder and risk long terms of imprisonment.” (Problem)
• In the most controversial cases, men who have killed a female intimate partner in response to a relationship separation or an alleged confession of infidelity have been able to avoid a conviction for murder by arguing that it was the non-violent conduct of the victim that provoked them to kill.

Evidence - Crimes Amendment (Provocation) Bill 2013 (NSW)
• Partial Defence of Extreme Provocation
The defence will now require the provocative conduct on part of the victim to be a serious indictable offence
Advantage to battered women

Evidence - Green v The Queen 1997
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