Legal Experts Show Why “Three Strikes” is Unjust

“New Zealand is in danger of seeing a criminal justice policy implemented that is simply unjust, because of a poor process and a lack of sound discussion,” says Professor Warren Brookbanks.

Tonight at 5:30pm, Professor Brookbanks and Dr Richard Ekins will deliver a public lecture in Wellington, hosted by Maxim Institute and the Institute of Policy Studies. They will outline the three strikes law and its potential to create serious distortions in sentencing practice in New Zealand.

“The argument for the Bill is incapacitation, public/victim confidence and deterrence. The deterrence argument fails; the incapacitation argument is misconceived and there are serious negative consequences to this Bill which have not been addressed,” says Brookbanks. “All of this will only undermine public and victims’ confidence in the justice system.”

Ekins argues, “one of the big myths around ‘three strikes’ is that on a third strike, Judges will have discretion and take into account extenuating circumstances for the cases where someone really doesn’t deserve the maximum sentence. But a judge will only have limited discretion to allow eligibility for parole if it would be ‘manifestly unjust’ not to do so. The judge will have no discretion at all to decide not to impose the maximum sentence for that offence,” says Ekins. “While the maximum will be appropriate in some cases, it won’t be in every situation.”

“Judges are given the task of weighing the evidence in every case and dealing out sentences as appropriate. Three strikes has the potential to completely undermine this role by taking away their ability to use their judgement and to respond to all the facts of each particular case,” according to Brookbanks.

“We agree that there is far too much serious crime in New Zealand and that there are good reasons to look carefully at how our criminal justice system functions,” says Ekins. “Retribution is at the heart of criminal justice. However the proposed legislation is not the right way forward. Instead we should be considering things like reforming parole eligibility and making punishment more speedy and efficient.”

In their lecture, Ekins and Brookbanks will critique the “three strikes” policy that Parliament is considering. They will explain the problems with the policy and discuss other ways we could improve sentencing in New Zealand.

ENDS

© Scoop Media

Gordon Campbell: On The New Government’s Policies Of Yesteryear

Winston Peters is routinely described as the kingmaker who decides whether the centre right or the centre-left has a turn at running this country. He also plays a less heralded, but equally important role as the scapegoat who can be blamed for killing taxes that his senior partners never much wanted in the first place. Neither Ardern nor Robertson for example, really wanted a capital gains tax, for fear of Labour copping the “tax and spend“ label they ended up being saddled with anyway. Usefully though, they could tell the party faithful it was wicked old Winston who killed the CGT... More

Government: National, ACT, & NZ First To Deliver For All Kiwis

The National Party claims the new coalition government will be stable, effective, and will deliver for all Kiwis. "Despite the challenging economic environment, New Zealanders can look forward to a better future because of the changes the new Government will make ... We know that, with the right leadership, the right policies, and the right direction, together New Zealanders can make this an even better country," says Christopher Luxon... More

ALSO:

• ACT - Real Change Begins Today
• Green Party - A Strong Opposition To Divisive Government
• Te Pati Maori - Luxon’s Government Will Whitewash Aotearoa
• NZ College Of Midwives - College Supports Solution Focussed Approach For New Health Minister
• Federation of Primary Health - Yes Minister – The Federation Is Looking Forward To Working With You