1.3 – Characteristics of an effective law 1

Characteristics of an effective law. The law must be understood The law must reflect values and be accepted The law must be able to adapt to change The law must be stable and consistent The law must be enforceable 2

The law must be known and understood  The underlying principle in the application of the law is “Ignorance is no excuse” BUT  People must be informed of new law  TV/Radio/Media/Papers/ Parliamentary sessions assist to achieve this.   ts/ByYearNumber/Acts/Asmade/2014/0 ts/ByYearNumber/Acts/Asmade/2014/0  -iKdBdk -iKdBdk  s2n5PcM s2n5PcM  Laws need to be written clearly so they can be understood  If laws are unclear or contain ambiguity then the application of that law may be hindered. Breath Test Scenario  minallawinfo/breath-testing-refusal- charge-upheld-despite-ambiguous- instructions.html minallawinfo/breath-testing-refusal- charge-upheld-despite-ambiguous- instructions.html 3

The law must reflect values and be accepted  Laws must reflect the values of the majority of society.  More approval = Increased compliance  Less approval = Decrease in compliance  a/murder-victims-mother- welcomes-changes-to-parole-laws s8pb.html a/murder-victims-mother- welcomes-changes-to-parole-laws s8pb.html Deryn Hinch apposes current sex offenders registry.  ent/2011/s htm ent/2011/s htm 4

The law must be able to adapt to change  Click on the attached links regarding articles from the ABC and the AGE regarding Sexting Laws in Victoria /committee-recommends-new- laws-on-sexting/ napthine-government-to-introduce- sexting-laws dqe.html ANSWER THE FOLLOWING QUESTIONS 1. What is your view regarding the current laws on Sexting. In your answer, outline how the law (as it stands) either fulfills or falls short of for filling the 5 characteristics of an effective law (Slide 2) 2. If you believe the current law is ineffective, detail what changes you would make and how those changes now meet the characteristics of an effective law. 5

The law must be stable/consistent The law must be enforceable  Stable/Consistent The law needs to be adaptable in order to reflect shifts in community attitudes The law needs to be stable and consistent. Change though can cause confusion. BUT - laws need to change with the times  Enforceable  The law needs to be enforceable. Otherwise no one will follow it.  If the law is broken, there needs to be the understanding and acceptance that there is a reasonably high likelihood that the offender will be caught and punished. 6

Your turn  Complete questions 1 – 6 (Page 13) of student text  Question 6 will require research and each of you will present to the class the law you located during the next lesson.  Please have an example that is no older than the past 5 years. 7