New+technology

=Conditions that give rise to the need for law reform - New technology=


 * Wh **** at is meant by new technology impacting on laws? **

- Advances in technology require new laws to be created and continual review of existing laws. For example, the growth in the use of chat rooms and cyber-bullying using computers raises many new issues concerning acceptable conduct on the net, privacy issues and the problems associated with enforcing laws relating to use of the internet.

- The emergence of new technologies impact on laws because they require for these laws to be developed or improved for the purpose of legally regulating and controlling their use **.**

** Key issues that need to be considered in reforming the law in regards to t **** echnology: ** 

- The right to individual privacy

- The need to protect intellectual property rights

- The issues of equal access

** Examples of where new technologies have impacted on laws: **

New technologies have lead to the abolishment of the NSW law of double jeopardy:

- On 17 October 2006, the NSW Parliament passed long-anticipated legislation ** abolishing the rule against double jeo **** pardy ** in cases where:  - New Technologies, such as forensic and DNA analysis allow for new evidence to be found and old evidence to be thoroughly tested - The re-examination of old evidence verifies if this evidence was previously determined incorrectly - New evidence and the re-examination of old evidence, as a result of New Technology, may be used to exonerate prisoners 
 * someone acquitted of a ‘life sentence offence’ (murder, violent gang rapes, large commercial supply or production of illegal drugs) where there is ** ‘fresh and compelling’ evidence of guilt; **
 * someone acquitted of a ‘15 years or more sentence offence’ where the acquittal was tainted (by perjury, bribery or perversion of the course of justice); and,
 * someone acquitted in a judge-only trial or where a judge directed the jury to acquit.
 * New and changing/developed technology such as DNA sampling has major implications for law reform:** [[image:http://www.medicine.manchester.ac.uk/images/artinmed/foetus.gif width="165" height="252" align="right" caption="Down Sydrome Foetus"]]

//Use this paragragh to help answer discussion question://

Justice Kirby, the recently retired High Court Justice, has warned that Australia is falling behind in dealing with legal and ethical problems raised by quantum advances in genetic science. Progress in genetic studies now allows parents to know if their unborn babies are carrying a genetic defect. A decision then needs to be made whether a pregnancy should continue or be terminated. Should the courts be allowed to make laws against the use of this new technology to determine the potential life of a person? 
 * Point to ponder:**

Should the High Court intervene in moral issues that have come into question due to new technologies or leave them to families to decide?

 **The changing use of technologies also impact on law:**

The changing use of technology is also an issue. Laws made in the past often called for motor vehicles to give way to livestock, even on major roads. On Norfolk Island, an Australian territory, motor vehicles must still give way to cows on the island’s roads.

 ** Check out these cool links to find out more: ** [] [|http://nswccl.org.au/unswccl/issues/double%20jeopardy%20nsw.ph] [|p] [] [|http://www.greenleft.org.au/node/35233 http://nswccl.org.au/unswccl/issues/double%20jeopardy%20nsw.php http://www.evidencetechnology.com/]