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Effectiveness of the law in gaining justice for society.

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Introduction

Evaluate the effectiveness of the law in gaining justice for society and outline the agencies of law reform and the conditions which give rise to reform. When evaluating the effectiveness of the law in gaining justice for society, a judgement must be made based on the criteria given. This includes resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, and balances of an individual and a community's rights and values. The agencies of criminal law reform include law reform commissions, both at a State and Federal level, Parliament, and the Courts. Conditions which give rise to reform include those such as changing social values and composition of society, new concepts of justice, failure of existing laws, international law, and new technology. Resource efficiency is one way in which the legal system can possibly make changes in gaining justice for society. The Government is granted only a certain amount of money to spend on managing crime. In order to be resource efficient the Government must find a balance between obtaining the maximum amount of justice for society using the least amount of money. ...read more.

Middle

This is not effective in balancing the rights and values of both the community and the individual, and it is not effective in gaining justice for society. Both agencies of criminal law reform and conditions which give rise to reform are equally important in obtaining a certain level of justice for society. Law Reform Commissions (LRCs), Parliament and Courts are all participants in reviewing and amending the law where need be, each maintaining certain aspects of the legal system. Conditions which create the need for the law to change include changing social values present amongst society, what is seen as new concepts of justice, when existing law fails society, change of international law and the consequences of new technology, each of which is a contributing factor in how the law is reformed. Law Reform Commissions or LRCs are evident at both a State and Federal level. Each looks at particular areas of the law, recommending changes that need to occur. In addition, they look at ways the Government could simplify, fix and modernise the law. The LRC at a federal level is called the Australian Law Reform Commission (ALRC). It has recently looked at laws regarding sedition and the sentencing of young offenders. ...read more.

Conclusion

This includes resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and reviews and the balance between an individual and community's rights and values. The agencies of criminal law reform include law reform commissions, both at a State and Federal level, known as the ALRC and the NSWLRC, Parliament, and the Courts. Conditions which give rise to reform include those such as changing social values and composition of society, new concepts of justice, failure of existing laws, international law, and new technology, each of which contributes a great deal in the amendment of the law. The legal system is fairly effective at present in gaining justice for society, as is seen in cases such as R v Bilal Skaf. However, there has been a considerable shift in the valuing of individuals rights and values in comparison to that of the community's. By establishing a balance between the two the legal system may find themselves rather effective in gaining justice for both individuals and society. They cannot guarantee that the outcome of every case will be what society wishes, but they can guarantee that laws amended and made will only reflect what society feels is important in obtaining a better life for future generations. ?? ?? ?? ?? Elizabeth Condon ...read more.

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