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Evaluate the role of law reform in the criminal justice systemOriginal
Spoiler
Law reform is imperative to the criminal justice system as it enables the law to continually reflect the changing moral and ethical standards in society, whilst responding to perceived failures of existing law and the rise of new technologies. As such law reform can allow for the greater protection of individual rights and enhance the effectiveness of criminal law. Recent reforms which have resulted from media and public pressure, however, have to a large extent resulted in greater protection for the community at the cost of individual rights. Thus, law reform whilst intrinsically linked to achieving an effective criminal justice system has been only partially effective.
Overtime law reform has played an essential role in the pursuit of equality and gaining a balance between police power and individual rights. This has led to a series of critical changes to the criminal investigation process. Specifically, prior to 2013, the rights of victims were not adequately recognised by the criminal investigation process, when criminal biker gangs would suddenly produce an alibi after the prosecution had spent months preparing for a case. This resulted in a substantial loss of resource with no justice realised for victims. Drafted with through a parliamentary committee and the assistance of police, the Evidence Amendment (Evidence of Silence) Act 2013 (NSW) was seen as an effective response to this perceived failure and allowed for improved resource efficiency and better recognition of the victim and community’s rights. Despite the best intentions of the reform, it was widely criticised with Law Society President Justin Down stating that a lack of community consultation had led to a poor law that failed to protect individual rights and had a negative impact on accused persons with limited knowledge of the criminal investigation process. This conveys that to be effective, law reform must consider all stake holders. Furthermore, it demonstrates the challenges of law reform in addressing the critical tension between protecting society’s rights without on infringing on those of the accused. Despite the inadequacies of this law, law reform means that these can be addressed, so as to provide better outcomes for all of society.
Law reform has also played a key role with regard to bail, in an attempt to improve resource efficiency and better balance the rights of individuals and society. The introduction of the bail Act 2013 (NSW) was considered a necessary change as the previous Bail Act 1978 (NSW) had been amended over eighty times. Such extensive reform had led to extremely complex legislation that failed to provide the efficiency required for the criminal justice system to function effectively. The new Bail Act 2013 (NSW), introduced following a comprehensive report by the NSW Law Reform Commission, attempted to provide greater clarity and more consistent application of the law, whilst addressing the increasing rates of remand across NSW. It replaced the extensive list of presumptions for and against bail with an unacceptable risk test. Initially the reform was effective, leading to a decrease in remand levels, however, the case of Mohamoud Hawi in 2014, who received bail on murder charges and a series of other controversial cases conveys the influence of the media in instigating immediate reform, often with insufficient consultation. Despite Justice Harrison stating with regard to hawi’s case that the risks “had been mitigated by imposing strict conditions”, immense media pressure form radio shock jocks and tabloid newspapers led to the introduction of ‘show cause’ measures for serious criminal charges. Despite the changes providing greater protection for society, thy limited the judge’s discretion as well as significantly implicating the ‘presumption of innocence’, a fundamental legal right. The subsequent increase in remand levels conveys that the reform has not been effective in addressing key issues. These amendments indicate the success of law reform within the criminal justice system is dependent on measured considered research and recommendations form relevant legal bodies rather than calls for reform by the media.
Law reform has also been pivotal within the sentencing process of the criminal justice system. Reforms to this area, as governed by the Crimes (Sentencing and Procedures) Act 1999 (NSW) are highly important as they largely determine how offenders will be treated and reintegrated into society. Principally, for sentences to be just for the victim, offender and society, they must enable judicial discretion to be exercised. The case of R v Loveridge (2013) where Loveridge was imprisoned and charged with manslaughter led to major reform to sentencing. This was driven by media outrage at his original sentence of five years and 2 months. Minimum mandatory sentences for causing death with a single strike were introduced less than 3 months later, also making it mandatory for intoxication to be an aggravating factor. The reform was considered effective as it improves justice for the victim and acts as a general deterrent. Despite this, the Law Council was critical of the amendment, stating that mandatory imprisonment will lead to “the individual engaging in more serious criminal acts down the track.” Furthermore, the reforms remove judicial discretion and further impact the rights of the offender, which could result in less responsive and suitable sentencing and punishment from being achieved. Consequently law reform has to an extent been effective within this area of the criminal justice system.
An evaluation of the impact of law reform into the above areas of the criminal justice system conveys that reform is the most effective mechanism in addressing key issues that arise from criminal law. These reforms, whilst failing to provide greater protections for offenders and the accused have responded to society’s calls for harsher legislation, so as to recognise the rights of the victim and the community. In this respect, law reform has successfully reflected society’s changing ethical and moral standards. It must be noted, however, that Law reform is fundamental to the criminal justice system, so that more effective, just outcomes for the victim, offender and society may eventually be realised.
With feedback
Spoiler
Law reform is imperative to the criminal justice system as it enables the law to continually reflect the changing moral and ethical standards in of society, whilst responding to perceived failures of existing law and the rise of new technologies and perceived failures of existing law. Solid thesis; good integration of the theme/challenge as well. I swapped the second half of the sentence to help with expression and flow As such law reform can allow for the greater protection of individual rights and enhance the effectiveness of criminal law. Recent reforms which have resulted from media and public pressure, however, have to a large extent resulted in greater protection for the community at the cost of individual rights. In light of the past two sentences, it looks as though what you're saying is that law reform can protect individual rights, but at times it can prioritise the community instead? A statement like that could be communicated much more succinctly through the inclusion of the whole 'balancing the rights of victims, offenders and society' phrase. Another note would be that you haven't mentioned what you're talking about. While what you say about law reform has been great, you're completely missing the second half of the question; that is, 'the criminal justice system'. This means that if you want to answer all aspects of the question in your introduction, then you need to bring up your key points such as bail, rights of suspects, and statutory guidelines The significance of law reform in addressing the diverse nature of criminal law is evident through amendments to the rights of suspects, bail and statutory guidelines That's just an example off the top of my head and is no means perfect, but the idea is that you bring in the topic of your paragraphs in the introduction, so that the marker knows from the get-go what it is you'll be writing about Thus, law reform whilst intrinsically linked to achieving an effective criminal justice system has been only partially effective.You're starting to get sidetracked here. The question is 'evaluate the ROLE of law reform',
not 'evaluate the EFFECTIVENESS of law reform'. So your essay shouldn't be focused on whether or not it's been effective (though you can mention it a few times), instead it should say something along the lines of.. Thus, law reform is essential for the achievement of justice, so plays a highly significant role in the criminal justice systeml
Overtime Over time, law reform has played an essential role in the pursuit of equality and gaining a balance between police power and individual rights in relation to the rights of suspects.I would remove the 'police powers and individual rights' part and swap it in for 'rights of suspects'. Reason being is that when I first read this paragraph I thought that you were going to be talking about law reform regarding police powers, which is a different dot point - once I finished reading I realised it was on the rights of suspects instead. This has led to a series of critical changes to the criminal investigation process. This is a bit of unnecessary fluff; it's contributing to your word count and time, but it isn't really adding anything to your essay. You're more than welcome to delete this sentence completely, just make sure you get rid of the 'specifically' in your next sentence Specifically, prior to 2013, the rights of victims were not adequately recognised by in the criminal investigation process, when criminal biker gangs would suddenly produce an alibi after the prosecution had spent months preparing for a case. This resulted in a substantial loss of resource with no justice realised for victims. Drafted with through a parliamentary committee and the assistance of police, I might seem a bit harsh but like I said before, this extra fluff isn't grabbing you any extra marks. In reality, if you got rid of all of the unnecessary words you could easily fit an extra bit of evidence to strengthen your argument in relation to the question The Evidence Amendment (Evidence of Silence) Act 2013 (NSW) was seen as an effective response to this perceived failure and allowed for improved resource efficiency and better recognition of the victim and community’s rights.The analysis here is all well and good, though it could benefit with a tiny description about what this amendment actually did i.e The Evidence Amendment (Evidence of Silence) Act 2013 (NSW) allowed the jury to draw a "guilty inference" when the accused brings new evidence that was not said during questioning. This demonstrates that law reform plays a highly significant role in the criminal justice system, as it is integral for the achievement of resource efficiency and facilitates a better recognition of the rights of the victim and society Despite the best intentions of the reform, it was widely criticised with Law Society President Justin Down stating that a lack of community consultation had led to a poor law that failed to protect individual rights and deleted to avoid repetition. Individual rights and the rights of the accused are virtually the same thing in this context had a negative impact on accused persons with limited knowledge of the criminal investigation process. This conveys that to be effective, law reform must consider all stake holders members of society Personally I'm a bit iffy on the use of the word 'stakeholders' in a legal studies context. It just seems more of a business term to me. Even then, the sentence sounds a bit clunky when said aloud. Furthermore, it demonstrates the challenges of law reform in addressing the critical tension between protecting society’s rights without on infringing on those of the accused. Despite the inadequacies of this law, law reform means that these can be addressed, so as to provide better outcomes for all of society. This sentence is a bit confusing. It just seems like a sudden jump from 'allowing for resource efficiency' to calling it 'inadequate'.
In any case, this linking sentence isn't going back to the actual question. You need to finish this paragraph up with your judgement. i.e. Does law reform play a highly significant role, an insignificant role, etc.
Law reform has also played a key role with regard to bail, in an attempt to improve resource efficiency and better balance the rights of individuals and society.This is a good thesis statement. Try to reciprocate it throughout your essay The introduction of the bBail Amendment Act 2013 (NSW) was considered a necessary change as the previous Bail Act 1978 (NSW) had been amended over eighty times to no success I don't see the correlation between being amended several times and needing to be amended again? For expression sake, I've added a few extra words. Such extensive reform had led to extremely complex legislation that failed to provide the efficiency required for the criminal justice system to function effectively. The new Bail Act 2013 (NSW), introduced following a comprehensive report by the NSW Law Reform Commission, attempted to provide greater clarity and more consistent application of the law, whilst addressing the increasing rates of remand across NSW. It replaced the extensive list of presumptions for and against bail with an unacceptable risk test.This sentence is the only real bit of explanation that you need. If you got rid of the previous sentences, you could delve into a discussion of Man Monis and how he commit the Lindt Cafe Siege while on bail. Initially the reform was effective, leading to a decrease in remand levels, however, the case of Mohamoud Hawi in 2014, who received bail on murder charges and a series of other controversial cases conveys the influence of the media in instigating immediate reform, often with insufficient consultation. Despite Justice Harrison stating with regard to hawi’s case that the risks “had been mitigated by imposing strict conditions”, immense media pressure form radio shock jocks and tabloid newspapers led to the introduction of ‘show cause’ measures for serious criminal charges. Your analysis needs to include your judgement in relation to the question Despite the changes providing greater protection for society, thy limited the judge’s discretion as well as significantly implicating the ‘presumption of innocence’, a fundamental legal right. The subsequent increase in remand levels conveys that the reform has not been effective in addressing key issues. These amendments indicate the success of law reform within the criminal justice system is dependent on measured considered research and recommendations form relevant legal bodies rather than calls for reform by the media.Again, this linking statement is cluttered with a lot of ideas, though it still fails to answer the question. i.e. These amendments highlight that law reform has a profound impact on the criminal justice system. What you had in the topic sentence was a good thesis
Law reform has also been pivotal within the sentencing process of the criminal justice system. Reforms to this area, as governed by the Crimes (Sentencing and Procedures) Act 1999 (NSW) are highly important as they largely determine how offenders will be treated and reintegrated into society. Principally, for sentences to be just for the victim, offender and society, they must enable judicial discretion to be exercised. The case of R v Loveridge (2013) where Loveridge was imprisoned and charged with manslaughter led to major reform to sentencing. This was driven by media outrage at his original sentence of five years and 2 months. Minimum mandatory sentences for causing death with a single strike were introduced less than 3 months later, also making it mandatory for intoxication to be an aggravating factor. Cite the amendment - the Crimes (Assault and Intoxication) Act. In a law reform question it is CRUCIAL that you actually cite the amendmentThe reform was considered effective as it improves justice for the victim and acts as a general deterrent.Like I said before, you've been asked for how significant of a ROLE law reform plays in the CJS, not how effective it is Despite this, the Law Council was critical of the amendment, stating that mandatory imprisonment will lead to “the individual engaging in more serious criminal acts down the track.” Furthermore, the reforms remove judicial discretion and further impact the rights of the offender, which could result in less responsive and suitable sentencing and punishment from being achieved. Consequently law reform has to an extent been effective within this area of the criminal justice system.Previous feedback relates to here as well
An evaluation of the impact of law reform into the above areas of the criminal justice system conveys that reform is the most effective mechanism in addressing key issues that arise from criminal law. These reforms, whilst failing to provide greater protections for offenders and the accused have responded to society’s calls for harsher legislation, so as to recognise the rights of the victim and the community. In this respect, law reform has successfully reflected society’s changing ethical and moral standards. It must be noted, however, that Law reform is fundamental to the criminal justice system, so that more effective, just outcomes for the victim, offender and society may eventually be realised.
Conclusively, law reform has a highly significant role in the criminal justice system. These amendments attempt to adapt to the dynamic nature of society's ethical standards through changes to legislation pertaining to the rights of suspects. Likewise, the recent bail amendments demonstrate to a large extent, the ramifications that ineffective reforms have on the wider populace. Finally, law reform regarding statutory guidelines is highly significant, as the proposed changes severely restrict judicial discretion. Thus, it is clear that law reform has a significant role in the criminal justice system
First off, a quick foreword that I tend to mark somewhat harsher than that of normal markers. Please don't take anything to heart, I'm a HSC student just like you and could easily have made some errors.Without any further ado, comments are in red, suggestions are in blue
General feedback:
You definitely raise some valid points regarding law reform and how it may affect the community. You've also been able to weave in some additional themes and challenges, which is great. However, there are major issues regarding the fact that you're getting sidetracked in your analysis and judgement. The question is asking for a judgement on the ROLE of law reform, not the EFFECTIVENESS of it. That being said, there have only been TWO instances throughout the entire essay where you explicitly used the word 'role', which means your ability to
explicitly answer the question is severely limited.
Another note would be the fact that there is too much fluff. What I mean by fluff is words that make the essay look 'fuller' than it actually is. These fluff statements don't reward you with any extra marks, since the marker isn't getting anything out of them. You tend to have a lot of fluff in your elaboration. By culling these statements, you would then be able to introduce more cases, more media, more legislation etc. to prove your point.
My last point of feedback would be that you are introducing your law reform too late into the paragraph. The question is purely centered around the role of law reform, so the amendment must be cited much, much earlier. In your final paragraph for instance, it was only until halfway through your paragraph that the amendment was referenced
With all of these pointers, I do need to commend you on your strengths. Undeniably, you know your crime content, which will work wonders for you as Crime is such a big topic. Also, you have a fairly strong grasp on legal terminology, and you're able to weave them properly throughout the essay.
Overall, I'd give this essay a 10/15 - you have the 'sound knowledge' to get into that 10-12 range, but unfortunately your judgement was in relation to the EFFECTIVENESS of law reform, not the ROLE of law reform. As well as this, too much fluff in your paragraphs detracted from the amount of evidence and analysis that could be used.