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Role of laws in society
Role of laws in society
Role of laws in society
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Laws are rules laid down on all members of a society and enforced by a sovereign political power. Legislation must continually adapt to the changing morals and values of a nation and as such, law reforms are necessary to ensure laws are current, correct defects and fix injustices of law. Agencies of reform such as The Australian Law Reform Commission, are able to investigate and recommend changes to law in order in order to keep up with continuously altering social ethics.This can be seen through the moderately successful modification of laws regarding youth offenders and domestic violence.
Young offenders in the legal system has become a fundamental issue to the NSW community. Due to children and young people representing a significant percentage of NSW’s population, and are the future of the community it is imperative they become effective and contributing members of society. However, children and young people make up 26% of all persons of interest proceeded against by NSW Police, and a large proportion of unrecorded crime. In order to combat this issue The Young Offenders Act 1997 was introduced, aiming to provide diversionary measures for young offenders as alternatives to court appearances. As a consequence,
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‘Domestic violence’ should include all violent assaults against another person. For the purposes of legislation, it should comprise murder, manslaughter and offences against the Crimes Act 1900 (NSW: ACT)
In 2014, the number of victims of family and domestic violence-related assault offences as recorded by police was: New South Wales – 28,780 victims hidden problem —-> increasing awareness
Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Bill 2016.
The most frequent complaint about the law’s response to domestic violence is that it offers inadequate protection to victims. Complaints typically focus on two
The Australian Legal System encompasses a distinct adversarial court system which serves to enforce the primacy of the rule of law through its hierarchical structure. It is built upon the continuously developing system of common law, perceived as ‘the greatest achievement of Western Civilisation’, enticing to uphold justice and ensure confidence in the judiciary. This report will discuss the validity of the statement through exploring the two tiers of justice, equal access to justice, and the legal profession.
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
Allerton, M, Butler, T, Champion, U & Kenny, D 2003, 2003 NSW Young People in Custody Health Survey: A Summary of Some Key Findings. Australian Institute of Criminology, [Online]. Available at: http://aic.gov.au/events/aic%20upcoming%20events/2003/~/media/conferences/2003-juvenile/kenny.ashx, [Accessed 14 April 2011].
The Youth Criminal Justice Act, often called by the name of YCJA, is specifically made for youths ages varying from 12 to 17 that disobey the law. In April 1, 2003, the YCJA replaced the previous justice act called Young Offenders Act due to several negative concerns. “These concerns included the overuse of the courts and incarceration in less serious cases, disparity and unfairness in sentencing, a lack of effective reintegration of young people released from custody, and the need to better take into account the interests of victims.” The main purpose of the YCJA aims to have a fairer and more equitable system. Although the YCJA is an effective law within the justice system, a main aspect/characteristic that needs to remain, is keeping the
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Most young offenders get into trouble with the law only once. But the younger children are when they first break the law, the more likely they are to break the law again (Statistics Canada study, 2005). The Youth Criminal Justice Act (YCJA) attempts to acknowledge that different youth need different sentences within the justice system, while ensuring that it is fair and equitable for them. Many people, both in Canada, and around the world, believe that youth are not reprimanded harshly enough for the crimes they commit and that they are, in general, are able to squeeze through the justice system without punishment. Others, believe that the justice system does not treat youth fairly and punishes them without acknowledging that rehabilitation
The Need for the Group. Domestic violence is a terrible curse to all those involved. It inflicts harm on the victim, the perpetrator and witnesses, whether they be children or not. While support services have long been available to assist women and/or children overcome any issues that arise as a result of domestic violence, these services have left out a significant portion of victims, those that are male. In 2012 the Australian Bureau of Statistics found “That 33.3 per cent of victims of current partner violence during the last 12 months were male” (ABS, 2012) and “37.1 per cent of victims of emotional abuse by a partner during the last 12 months were male” (ABS, 2012).
The law regarding Domestic and Family abuse states that an Act to provide for protection of a person against violence committed or threatened by someone else if a relevant relationship exists between the persons, and to make amendments to the Criminal Code, the Evidence Act 1977, the Police Powers and Responsibilities Act 2000 and the Police Powers and Responsibilities Regulation 2000 for particular purposes, and to make minor or consequential amendments to this Act and other legislation as stated in a schedule which was assented on 17 February 2012. In division 2 of the Domestic and Family Violence Act 2012 Section 8, Domestic Violence is defined as behaviour by a first person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that –
“There is a Domestic Violence act which was introduced in 1976 which enables women obtain a court order against their violent partner or husband” (Domestic Violence 1970-1979, no date). Over the past few years the amount of women and men being prosecuted for Domestic Violence and abus...
...ictims of Domestic Homicide in Australia.” Asian Journal of Women" s Studies 12.3 (2006): 35–74. Print.
Historically, domestic violence was viewed as only involving physical abuse. However, the more contemporary view of domestic violence has come to include not only physical types of abuse; but as well as emotional, sexual, physiological, and economic violence that may be committed
Just under half a million Australian women reported that they had experienced physical or sexual violence or sexual assault. Women that are personally victimized by domestic violence become emotionally unstable and they are unable to cope with certain situations. Many think that it is their fault because they think they’ve done something wrong to cause their spouse attack them. However, women aren’t the only victims when it comes to domestic violence; men are victims too. The majority of violence against men is committed by other men. Of men who reported that they had experienced physical violence, 73.7% said that the perpetrator was a male, but that doesn’t mean women don’t abuse males just as much. Women are much more sympathised than men when it comes to domestic violence. People just assume that if a male is getting physically or emotionally abused, they’re a wimp and can’t fight for themselves. Whereas if a women was the victim, people automatically blame the abuser. At least one in three victims of some type of domestic violence is
Since the early nineteenth century most young offender legislation has protected young people from the full weight of criminal law and the recognition of this was embodied in the 1908 Children Act creating a distinct system of youth justice, differentiating in terms of responsibility and culpability between adults and young people. Before this, child criminals were punished...
Domestic violence is abusive behaviour by one person to control and dominate another person within a close relationship. It may include physical, financial, social, emotional or sexual abuse and be perpetrated by either a family member, partner or ex-partner. According to the Family Violence Protection Act 2008 (VIC), for behaviour to be considered as domestic violence, it is either; abusive, threatening, coercive, controlling, dominating, evoking fear for the victim’s safety or causes children to hear, see or otherwise be exposed to the results of this behaviour. Examples of this behaviour include; causing injury, sexual assault/sexual coercion, intentionally damaging the victim’s property, depriving the victim of his/her liberties, causing
Now, family violence is the main activity of the police. Across Australia, police receive phone calls about family violence every two minutes or so. Despite these numbers, they show a major shift in police priorities and a growing recognition by the community that they are an essential resource for those who are victims of domestic violence.