Business Law Report: Technology Impact on Legal and Society Aspects

This report delves into the significant influence of technology on business law, examining various aspects such as the impact of computer technology on legal practices and law enforcement, including the use of computers for data storage, crime scene analysis, and the development of cybercrime laws. It further analyzes the role of polygraph tests (lie detectors) and their admissibility in court, along with the double jeopardy rule and the implications of DNA evidence. The report also addresses the legal and ethical considerations surrounding in-vitro fertilization (IVF) and its impact on family law responsibilities, considering the broader societal implications of technological advancements within the legal field.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
Discuss technology impact and its importance from both the legal and society-impact aspects.
................................................................................................................................................1
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Business Law refers to body of law which governs commerce and business field and
deals with issue of both private and public legislation. The advancement in technology has made
major impact on the field of business law. The report discusses about influence and importance
of technology on the field of legal system and society as a whole. It discusses about various
invention of technology and application of scientific tools and their effect on the Jeopardy rule
and on various legislation of government.
TASK
Discuss technology impact and its importance from both the legal and society-impact aspects.
The development of technological science has impacted every field of the world and legal
profession is not an exception. The unequalled growth in the field of technology and science is
experiencing pressure from legal, ethical and social issues from last decades. Invention of new
technological tools and new scientific instruments have often resulted in thoughtful
transformation and affected all the industry and global economy. Scientific tools have helped in
gaining more accurate information of crime scene and assists investigator to be reliable on the
data collection and analysis. It has helped in building trust and faith over legislation body across
the world (Ayeh and et. al., 2013)
Computer Technology:
Importance of Computer:
Development of computers have change the prospective of world and had large impact in
both negative and positive ways on law enforcement related profession. Computers are used in
the field of law to enhance the capacity of lawyers and ease their work. It is being a great idea as
officers can use computer or laptop to store data, help in collecting information about victims
and criminals and analyse particular objects found at crime scenes (Wilson and Rule, 2015).
Law council of Australia has showed keen interest in implementing technology for
lawyers which will assist them in automated fingerprint identification. Further, national program
is launched to control and authorize the custody of criminals. Furthermore, computers help legal
department with technology, by assisting them with proper monitoring and control. In this
surveillance setting is done to record telephone conversations and to keep an eye on activities of
parking, corridors, office premises, etc. “Law Tech essentials” is provided by Law committee to
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legal professionals and companies like Tresscox, etc. to utilise range of contemporary
technologies (Williams and et. al., 2015).
Lawyers are responsible to investigate each point of crime effectively. As they play the
role of investigator computers can be put to advantage to solve the situation with more accuracy.
Software like Sketching help sketch artists to make composites of a criminal's face and these
programs contain may facial features with thousands of different style of noses, foreheads, lips,
eyes, etc.
Application of Computer in judicial and legal process will increase efficiency, promote
easy research and allow for easier information reclamation. Further, they will help in reducing
stress and enhance the health of judicial officers in the long run. It will help in reducing
inefficiency, inaccuracy, lack of transparency and integrity, when these major causes in delay of
judgements will be reduced judicial system will become stronger (Barry, 2012).
There are many laws developed in Australia to protect Cybercrime and handle the misuse
of computers. The Queensland Law, 1997 banned the use of restricted computer without the
consent of computer controller. Cybercrime Act, 2001 is related to computer offences occurred
in Australia.
Impact of Computer:
Inventions in the field of technology has changed the working culture and alter the
environment of legal profession. Increased use of computers as a search engine will have great
impact on the manner in which lawyers rendered their services to society. Lawyers are able to
seek accurate information through computer research. Further, tools like data banks help to
efficiently store and process large amount of data. This tool has been particularly used in court
houses and law enforcements agencies.
Computers present difficult problems for legal system this is because the profession of
law is quite complex and demands higher confidentiality but computers have created many
problems. Issues like invasions of privacy and absence of accountability of computer designers,
etc. creates obstacles in the field of legal profession (Choo, 2014).
Polygraph - its present status at law and its likely future impact;
Polygraph is an instrument used to measure the automatic nervous system responses in
terms of blood pressure, heart and respiration rate and it is also known as Lie-Detector. This is a
scientific instrument capable of simultaneously record psychological changes of examinee, while
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the person is asked a series of question related to the specific issue under investigation. It can be
done through testing the voice of person where machines measure the voice of examinee and
then the level of stress in voice will be the determining factor and evaluation will be carried out
by an examiner as to judge how truthful a person is.
The admissibility of evidence derived through lie detector machine is generally not
considered valid by courts in Australia. In New South Wales the state parliament has passed the
Lie Detectors Act, 1983 (NSW) which places restrictions on the use, application and undertaking
of polygraph examinations. The output generated through polygraph test and any opinion based
on it will not be admissible in courts of New south Wales. Lie-detector is banned on range of
other situations like; Employers cannot conduct a polygraph test of its employees for testing
his/her honesty purpose for training or during the job application process (Dane, 2018)
There is no legislation governing application of polygraph testing in Australia.
Companies in Australia who are engaged in business of selling lie detector are free and no legal
obligations or proceedings are imposed on them. Further, these firm claim that their instruments
provide a reliable information and people can rely over them.
Lie-detector is an invention that changes the field of law in complete manner. Courts
need to address the situation more carefully and if, it fails to do so then it might harm judicial
system. Lie-detector helps in analysing the body language of examinee and it can help
investigator to take action regarding it.
Future Impact
In Australia, Lie-detector are banned due to the reason as they are not accurate in the
result they provide. Although, there are no legislation in the country except New South Wales
which banned the usage of polygraph test. The lie-detectors do not have any capacity for
detecting the truth of a statement. It measures a person's biological process to determine whether
person experience a physiological event like increase heart rate or blood pressure. These
indicators show that person is lying (Lippke, 2012). Unfortunately, dozens of other factors can
also affect readings detected by polygraph machines. Due to this, polygraphs have been
challenged on several occasions in various jurisdiction on basis of their scientific uncertainty.
For instance; Australian Law Reform Commission has mentioned lie-detector as “try-ons” and
probability test which is used by lawyers and defendant before making any judgement regarding
crime (Hartwig and Bond Jr, 2014).
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The double jeopardy rule and impact of DNA on it:
Double-Jeopardy refers to a procedural defence that prevents an accused person from
being trailed again on the same facts and charges. In Australia double jeopardy law has been held
further prevent the prosecution for perjury. It is one of the main principle that limits the power of
state, which is undoubtedly more well-resourced than the average defendant. It is an integral part
of Australia Court system (Why Australia 'watered down' its double jeopardy laws, 2018).
DNA is a nucleic acid that contains genetic instructions for development and function of
living things. Main role of Deoxyribonucleic acid in cell is long-term storage of information.
There are many tools to analyse the forensic evidence but DNA is most powerful material that
makes up genetic code of most organisms. Deoxyribonucleic acid analysis is also known as
DNA typing or profiling and it is found in physical evidence such as blood, hair and semen.
Juries uses statistical result in determining whether a suspect is guilty or innocent (Lloyd, 2017).
Double-Jeopardy rule states that person cannot be sent to trial for the same charges again.
It banned person from being involved in the process of litigation. The use of DNA is done to
analyse the forensic proof which can create an impact on double-jeopardy rule. This is because
through Deoxyribonucleic acid police or investigator can find out the genetic substance of a
person. Further, if the individual is found guilty through DNA investigation then that person may
be accused. Investigation through Deoxyribonucleic acid test can challenge the system of
Double-jeopardy law as it band trial or punishment of any individual twice for the same offence.
In November 2011, Victorian Parliament has made amendments in double-jeopardy law.
These amendments in new legislation will be applied in cases where there is fresh and
compelling DNA evidence, in situation where person acquitted subsequently admits to crime or
in case, where it becomes clear that key witnesses who were present at place of crime has given
false evidence. For example; The case of Matthew Leveson and Michael Atkins was readdressed
after this amendment made under double- jeopardy rule of including DNA samples to investigate
case. Michael was called after nine years to give evidence which he didn't provide at his own
trial in 2009. Atkins is liable to face further charges of murdering and manslaughter of his
partner Matthew when police will find evidence against him through DNA test.
Another case is of Cole a defendant who has injured herself after heavy drinking dose
while walking along a roadway. Cole was punished by New South Wales Court and asked to pay
to club and driver as compensation for abusive behaviour. She repeats this behaviour in future
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and was held liable by the club manager. But Cole refuses to pay money under double-jeopardy
rule but after amendment in law Cole was asked to pay compensation money which she refuse .
DNA test reports cannot help plaintiff to get decision in his favour and defendant can not be held
liable (Hoang, 2015).
There was another famous case of R vs Carroll where Raymond Carroll was held liable
for murder of a child. Queensland Court of criminal Appeal has overturned this case but after
fourteen years he was called under perjury for giving evidence in his trial denying killing. During
his trial it was stated that Carroll is held guilty for his crime after reviewing all evidence (Bartels
and Sarre, 2017).
Reforms within Act will allow Director of Public Prosecutions to apply to Court of
Appeal in order to demand for new trial. Act contains some limited procedural safeguards to
protect against any possibility of misuse, including only permitting DPP to make one application
for a retrial in relation to any particular acquittal (McMahon, 2014).
IVF and implications of such aspects
IVF or in vitro Fertilisation is a complex series of procedures used to treat fertility or
genetic problems and assist with concept of child. It is the most effective form of assisted
reproductive technology where an egg is combined with sperm outside the body.
In vitro Fertilisation has been made accessible to all people in Australia due to legislative
changes in recent years. It can be used by couples or single women who seek to undergo assisted
reproductive treatment and removed discriminatory barriers to access on basis of relationship
status or fertility. The use of IVF will have both positive as well negative impact and further, it
will create impact over family law responsibility and detection of gender (Miller, 2015).
Family Law responsibility is defined as duty of parents to take care of their child and
make decision with regards to his/her life. It applies on both types of parents whether they live
together or they are being separated. The social recognition and acceptance of these families,
their social contexts and the processes through which social environment affected family
relationship are issues that have raised many disputes and attention. Technologies like IVF and
DI is considered to be unnatural and immoral. Further, there are chances of economic burden on
raising of children as a Single mother cannot fully take care of its child. Issues are being arise
when two non-heterosexual people go for a process of IVF as the ideal family is considered to be
the one who has both father and mother. Thus, use of in vitro Fertilisation by homosexual parents
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has impacted the family law responsibility. For example, the case of Julia Martin and Lisa, the
heterosexual couples who were in relationship for past two years and wanted to become parents
for which they decided to use IVF technique and secret sperm donor. After completion of
process they become parents but were not able to give their child a healthy and proper life like
others. Their child was exposed to social abuses due to which he suffered from mental trauma
which resulted in devastating loss for Lisa and Julia as their child Lucy committed suicide
(Using Donor Sperm for IVF.2018).
In vitro Fertilisation is used to provide children to those parents who are genetically
cursed or to those who are not heterosexual. IVF have been used by parents to detect the gender
of their babies. This is an illegal practice to detect gender of unborn child in many countries.
These practices are banned in Australia by the medical council department of the country. IVF
has led to a serious problem as detection of gender of unborn baby is treated as discrimination
between girl and boy. This detection of gender has created both moral and ethical impact over
the society (Suo and et. al., 2012).
CONCLUSION
The use of technology has helped every field of the world, be it industrial or professional
or legal. Advancement in technology constitute to faster growth of every field and has provided
ease to all the people who worked in that particular field. Technological advancement has helped
to flourish the legal profession in many ways like; use of computers has improved the working
procedure of legal bodies, whereas use of science has helped in detecting criminals and helped
investigator with accurate result. Lie-detection machine and DNA has proved to be supporting
evidence in the field of criminal law.
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REFERENCES
Books and Journals
Ayeh, J. K., and et. al., 2013. Predicting the intention to use consumer-generated media for travel
planning. Tourism Management. 35. pp.132-143.
Barry, J. M., 2012. Prosecuting the exonerated: actual innocence and the double jeopardy clause.
Stan. L. Rev.. 64. p.535.
Bartels, L. and Sarre, R., 2017. Law reform targeting crime and disorder. In The Palgrave
Handbook of Australian and New Zealand Criminology, Crime and Justice .
Choo, K.K.R., 2014. Legal issues in the cloud. IEEE Cloud Computing. 1(1). pp.94-96.
Dane, P., 2018. Jury Nullification: Features, Bugs, and the Possibility of Granular Law. Law,
Culture and the Humanities, p.1743872118776381.
Hartwig, M. and Bond Jr, C. F., 2014. Lie detection from multiple cues: A meta‐analysis.
Applied Cognitive Psychology. 28(5). pp.661-676.
Hoang, K., 2015. Distance is no hurdle: Reforming the family violence exception to better
protect immigrant women in rural, regional and remote communities. International
Journal of Rural Law and Policy. (2). pp.1.
Lippke, R. L., 2012. Modifying Double Jeopardy. New Criminal Law Review: In International
and Interdisciplinary Journal. 15(4), pp.511-541.
Lloyd, I., 2017. Information technology law. Oxford University Press.
McMahon, M., 2014. Retrials of persons acquitted of indictable offences in England and
Australia: Exceptions to the rule against double jeopardy.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Suo, H., and et.al., 2012, March. Security in the internet of things: a review. In Computer
Science and Electronics Engineering (ICCSEE), 2012 international conference on (Vol.
3. pp. 648-651). IEEE.
Williams, M. D., and et. al., 2015. The unified theory of acceptance and use of technology
(UTAUT): a literature review. Journal of Enterprise Information Management. 28(3).
pp.443-488.
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Wilson, J. P. and Rule, N. O., 2015. Facial trustworthiness predicts extreme criminal-sentencing
outcomes. Psychological science. 26(8). pp.1325-1331.
Online
Why Australia 'watered down' its double jeopardy laws. 2018. [Online]. Available Through.
<http://www.abc.net.au/news/2016-05-07/why-australia-watered-down-double-jeopardy-laws/
7392372>
Using Donor Sperm for IVF.2018. [Online]. Available Through.
<https://www.ivf.com.au/ivf-success-rates/ivf-success-stories/same-sex-couple>
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