Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Avoid the “Oprahfication” of the Courtroom

Select Committee Urged to Avoid the “Oprahfication” of the Courtroom


Rethinking Crime and Punishment agrees that victims should be able to provide information to the court about the effects of offending; and the harm they have suffered. However, it does not believe that the presentation of a victim impact statement in the Court, was the best way to achieve it.

In its oral submission on the Victims of Crime Reform Bill Kim Workman, Director told the Justice and Electoral Select Committee that great care and wisdom will be needed to prevent rhetorical appeals to victims’ suffering to deteriorate into a public skewering of the offender. “At its worst, it could lead to the “Oprahfication” of the Courtroom, , with the TV cameras capturing every twitch of the offender for signs of defiance or remorse, and the New Zealand viewing public casting their votes accordingly.”

“Providing a better service to victims does not always translate into better practise. It would be to the ultimate detriment of the victim if the opportunity to tell the offender in the courtroom how the crime has affected them, became an exercise in retribution. While many victims believe at the that they will feel better for it, research shows that victims who take revenge in this way have often felt worse off than if they had done nothing at all.”

Our experience with restorative justice conferences tells us that the victim’s decision to meet with an offender is driven by one of three things. Firstly, they want to talk about the harm they have suffered, to challenge the offender about their actions, , and have them respond. Secondly, they want to understand why the offender committed the offence, their motivation, and personal circumstances. Thirdly, they want to assess whether the offender is genuinely sorry for what happened.

Victims will continue to be dissatisfied with the proposed arrangements, because the Court does not allow for that sort of dialogue. That is not its function. It leaves victims feeling angry and disempowered.

Mr Workman recommended that instead of a victim reading out a statement, a private facilitated meeting be held between the offender and victim, at which the victim was free to make their feelings known within acceptable limits, and the offender had the opportunity to respond. The outcome of the meeting would then be reported back to the Court, achieving the same purpose as a Victim Impact Statement, but in a way that was more satisfying to the victim.

Reference: Oral Submission to Justice and Electoral Select Committee at:
http://www.rethinking.org.nz/assets/GeneralPDF/120405%20Oral%20Submission%20to%20Justice%20and%20Electoral%20Select%20Committee%20on%20Victims%20of%20Crime%20Reform%20Bill.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Restarts: Prime Minister’s Statement

Our policy agenda and legislative programme will reflect the Government’s four priorities: • to responsibly manage the Government’s finances • to build a more competitive and productive economy • to deliver better public services to New Zealanders, an • to support the rebuilding of Christchurch. More>>

ALSO:

NZEI Survey Report: Special Needs Students Missing Out

The survey revealed that around 16 percent of students were on schools’ special needs registers, but nearly 90 percent of schools’ special needs coordinators did not believe there was adequate support for students and their learning... More>>

ALSO:

Interim Report: Waitangi Tribunal On Ture Whenua Legislation

Labour on Proposed changes to Maori land rules: “To have Treaty Negotiations Minister Chris Finlayson dismiss findings as ‘bizarre’ is totally disingenuous and disrespectful. What’s bizarre is Maori Development Minister Te Ururoa Flavell stubbornly pushing through this Bill before the Waitangi Tribunal has even completed its report..." More>>

ALSO:

Spy Update: Appointment Of GCSB Acting Director

GCSB Chief Legal Advisor Lisa Fong will become the Acting Director of the Government Communications Security Bureau (GCSB) from 15 February 2016, Minister Responsible for the GCSB Christopher Finlayson announced today. More>>

Protests Close Roads: TPP Signed In Auckland

“TPP was signed by Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Viet Nam.” More>>

ALSO:

Emails Behind 'Diplomatic Immunity' Case: Whitehead Report Released

“As previously indicated the conclusions reached by Mr Whitehead’s investigation are not unexpected but they are very disappointing,” Mr Mccully says. “At the heart of the matter is a single email, along with procedural shortcomings, which gave Malaysian officials the impression it would be acceptable for Mr Rizalman to return to Malaysia." More>>

ALSO:

Gordon Campbell: On The Treaty/TPP Overlap, And Iowa

The fears about the ISDS provisions in the Trans Pacific Partnership deal are well-founded. The reality is that there is a sharp uptick in the occurrence of ISDS litigation in developed countries, and even the right wing likes of The Economist have been souring on the process for some time. More>>

ALSO:

Christchurch Red Zone Offers: Fresh High Court Proceedings

Grant Cameron, Solicitor for the Quake Outcasts said “the action seeks judicial review of the Crown’s recent decision to make a fresh offer to purchase properties from uninsured property owners in red zones. More>>

ALSO:

PM's Post-Cabinet Press Conference: Waitangi And TPP

Prime Minister John Key on Tuesday said his office has received an invitation for him to visit the Lower Marae on Waitangi Day, but was waiting for a meeting of the Te Tii Marae Trustees. More>>

ALSO:

Flagged: 'Wrong Colour' Bridge Flag To Change

NZ First: Only 13 days after National trumpeted its legally questionable flag on Auckland Harbour Bridge, it is now coming down because it is the wrong colour... “Mr Key’s latest flag fiasco is another waste of taxpayers' money. Given it is coming down, down is exactly the location where it should remain. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news