Law Reform

The law reform process has been effective to a certain extent in achieving just outcomes in regards to native title. This can be seen through both the Eddie Mabo case [1992] and the Yorta Yorta case [2002] as although the cases had been concluded with final decisions, there were still measures that could have been taken, and areas where it could have been improved to achieve a just outcome.

The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that

The Law Commission is the main law reform body. It was set up in 1965

The key legislations include , Human Rights Act 1998 , Mental Capacity Act 2005 , Adults and Incapacity Act 2000 , Mental Health Act 1995 , Safeguarding Vulnerable Groups Act 2006 and Carers Equal Opportunities Act 2004.Each and every

Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets

The criminal law system encourages compliance and reduces non-compliance through an array of mechanisms, including situational and social crime prevention along with increasing police powers under the Law Enforcement (Powers and Responsibilities) Amendment Act 2014 (LEPRA). The criminal law appears to be relatively effective in decreasing non-compliance, as the majority of people are law-abiding citizens as they enjoy the liberties and protection that a disciplined society provides. Criminal law may further encourage compliance by punishing violations of the law on behalf of society where individuals fail to comply. However, regardless of the criminal law’s efforts in reducing non-compliance, continuous defilements of the law occur frequently, causing the community to question the effectiveness of the criminal law in encouraging compliance and reducing non-compliance.

It is common knowledge that crime exists all over the world and that justice and punishment may vary in different countries and societies. However, how justice and punishment is enforced in a society and globally is not common knowledge. Global justice refers to the belief that the world is unjust; while social justice, in a manner of speaking, refers to the fair treatment of everyone in a society.(“Social Justice”). Both social and global justice value human rights, remove inequality, and holds people accountable for fair practices.(“Social Justice”). If someone commits the same crime as another person, for example, they should receive the same punishment. That is what most people would be inclined to believe, but in the reading “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman, crime and justice is reviewed and defined in an uncommon way. Reiman discusses justice in a society where a crime was committed against him and his wife.

The Law Enforcement Powers and Responsibilities Act 2002 (NSW) (commonly abbreviated as LEPRA), is a piece of legislation which was introduced into the State of New South Wales in response to the Wood Royal Commission enquiry into NSW Police. The Commission identified that there was a strong reliance on the common law in relation to the powers of law enforcement officers, and recommended that there was enough desirability to have these powers (and as a consequence the rights of ordinary citizens) more clearly defined via statute to protect both parties interests . These recommendations were made in an effort to better achieve social justice, and to ensure that there was a sufficient balance between what the police can legally do, and what

Law Reform in Australia is effective in varying degrees. Through Native Title Reform and Law Reform in Sport, the effectiveness of Law Reform in Australia is further outlined.

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Within the past decades, there has been a noticeable increase in the number of heinous crimes committed, causing some of the laws to significantly change. During the 1970s, some dramatic changes occurred when laws shifted from one extreme to another: rehabilitation to retribution. Such circumstances created an additional emphasis on the offense rather than on the offender. During the 1980s, the “get-tough-on-crime” era began; thus, radical changes in laws continued up until the late 1990s. Throughout the period of the Industrial Society, the United States had two bipolar types of punishment: harsh and lenient. Today, the main focus of the Criminal Justice System is about retribution and punishment.

Criminal law is a construct of the government, enforced through tangible measures. In a democratic society, the government is elected by the citizens, and as such, laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However, in order to be truly effective, some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely in the best interests of society. This results in a delicate balancing act, as lawmakers attempt to weigh the views of the majority against the need for laws to be both reasoned and objective.

The courts are able to change the law through precedent but are limited by only having influence on the specific cases that are taken to the courts. Parliament is the main branch of government that both makes and reforms the law through the passage of bills. The parliament is able to set up parliamentary committees and law reform commissions, but has no say in the running of these commissions. The NSW Law Reform Commission prepares reports to review the issues identified in the reference, and make recommendations to Government for legislative reform. They do this through a preliminary submission, if required, to give stakeholders an initial opportunity to address the terms of reference and highlight the key issues. This will be followed

Since implementation the Act has simplified and improved the regulation of legal service provision in England and Wales and has created a framework for legal services to be provided. The regulatory objectives and professional principles are set out in section 1 of the Act.

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward