Rethinking Crime and Punishment
“We are doing our best, but it’s not working…” was
a comment made to Major Campbell Roberts of the Salvation
Army about New Zealand prisons. Major Roberts was speaking
at the launch of the Rethinking Crime and Punishment
project in 2006. The Rethinking Crime and Punishment
Project is a joint initiative of the Salvation Army and
the Prison Fellowship. More...
Rethinking Crime and Punishment is one of CASI's themes
for 2007. What is and isn't working? The July 2007 issue
of Broadsheet has two articles. In one we ask
"How well do NZ prisons work?". The other article looks
at the issues of parole. Read this issue of Broadsheet here.
CASI is working to develop a discussion resource for
churches and groups around these issues. We invite you
to read and comment on our initial ideas for this resource.
Click here...
What Age for Criminal Prosecution?
The NZ First list MP Ron Mark wants to see "adult
punishment"
for "adult crime". His Young Offenders (Serious
Crimes) Bill is before the Law & Order Select
Committee. June 2007 the Bill reached Select Committee
hearings. CASI members attended to follow up on our written
submission. The age of criminal liability in New Zealand
is already 10 years, however only for murder and manslaughter
can 10 to 13 year olds be charged in the full criminal
court. Other offending is dealt with either through the
Family Courts or the Youth Court. Ron Mark wants children
and young people age 12 and over brought to the criminal
courts if the offence (if committed by an adult) would
be punishable by more than 3 month's prison or $2,000
fine.
Is child crime really on the increase? The statistics
don't support Ron Mark on this. Even if they did, would
an adult punishment really be appropriate?
Click here for Ron Mark's preamble to the Bill
Click here for comment by CASI Member Andrew Aitken
Click here for the text of CASI's submission
Section 59 Change
Parliament has now passed the amended version of Section
59 of the Crimes Act. The use of force on children by
parents and care-givers is now defined, and may not be
used for the purposes of punishment. Police guidelines
for the administration of the new Act have been released
and have led to further discussion.
The new Act by itself will not eliminate violence and
abuse of children. As CASI has said all along, this was
a necessary change in the law, but it can only be the
starting point to changing the attitudes in New Zealand
Society. We have to create a social climate where it
is totally unacceptable to use violence against children.
This will mean that parents have to learn new methods
of discipline. See our page on Violence
Against Children for more
information and discussion of child discipline issues.
INQUIRY INTO VICTIMS' RIGHTS
"The impact of crime on victims is such that it is important
that they are treated in a fair and sensitive manner" says
Ms Lynne Pillay of the Justice and Electoral Committee
of Parliament announcing a new inquiry into Victims'
Rights... more
MORE PRISONS?
The Prison Population Forecast anticipates an 18% increase
in the prison population by 2010. This means a new major
prison has to be built every year for the next three
years. Is this really the way to go? More..
One oath for all
CASI
feels that the current practice of 'swearing an oath'
on certain formal occasions should be retained, but that
the words and the options should be changed. The language
of "swearing" an "oath" is not very meaningful in today's
world. Words such as "solemnly and sincerely promise and
declare" are more likely to convey the intended meaning,
CASI said in its submission this week on the Government's
Review of Oaths and Affirmations. We feel it is undesirable
to have multiple forms of oath, one for people who believe
in God and a different one for others. It not symbolically
helpful, when common civic duties are the issue, to needlessly
call attention to the differences which exist among New
Zealanders but which do not affect the matter in hand.
(9 July 2004)
Full submission.
Access to justice
Most New Zealanders over 20 have only a hazy idea of
court processes unless they have had personal encounters
with the law, says the CASI submission on the 2002 Law
Commission consultation on access to the courts (Striking
the Balance). Those consulted by CASI felt it is too difficult getting
legal representation especially for minor cases where
the penalties are less than the cost to defend….(February 2003) More
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