Law Reform
Part A. 1. Conditions that give rise to law reform
Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment, but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote social values for tougher penalties it undermines our social value for fairness and the concept of justice for the individual.
New concepts of justice: As the social values change, so does our views of the concept of justice. Sentencing laws are continually subject to law reform scrutiny. Areas where sentences are currently underview in NSW relate to corporate offences and Indigenous offenders. At the Federal level the use of periodic detention as a form of punishment has been questioned because of the difficulties in administering it.
New Technology: New and advanced technology create the need for law reform. Once technology is in advance of the law then it makes pressure on the law to reform. Example’s of this; The new mobile phone technology which allows for the taking of pictures which can be transmitted by SMS, lead to reform to privacy laws. As new technology is introduced it has allowed DNA testing, this assists in solving crimes, the use of such technologies can lead to criminal law reform.
http://stage6.pbworks.com/f/Law+Reform.pdf
Part B. 2. Agencies of reform
NSW Law Reform
Outline the roles of courts and parliaments in law reform and describe their limitations;
Outline the role of the NSW Law Reform Commission;
Identify and outline the features of the NSW law Reform Commission;
Identify FOUR current projects the the NSW Law Reform Commission is working on;
Identify and describe the other organisations which are also ‘catalysts of change’ in NSW;
The courts
Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment, but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote social values for tougher penalties it undermines our social value for fairness and the concept of justice for the individual.
New concepts of justice: As the social values change, so does our views of the concept of justice. Sentencing laws are continually subject to law reform scrutiny. Areas where sentences are currently underview in NSW relate to corporate offences and Indigenous offenders. At the Federal level the use of periodic detention as a form of punishment has been questioned because of the difficulties in administering it.
New Technology: New and advanced technology create the need for law reform. Once technology is in advance of the law then it makes pressure on the law to reform. Example’s of this; The new mobile phone technology which allows for the taking of pictures which can be transmitted by SMS, lead to reform to privacy laws. As new technology is introduced it has allowed DNA testing, this assists in solving crimes, the use of such technologies can lead to criminal law reform.
http://stage6.pbworks.com/f/Law+Reform.pdf
Part B. 2. Agencies of reform
NSW Law Reform
Outline the roles of courts and parliaments in law reform and describe their limitations;
Outline the role of the NSW Law Reform Commission;
Identify and outline the features of the NSW law Reform Commission;
Identify FOUR current projects the the NSW Law Reform Commission is working on;
Identify and describe the other organisations which are also ‘catalysts of change’ in NSW;
The courts