Out with three strikes

Written By: - Date published: 3:30 pm, February 23rd, 2010 - 31 comments
Categories: act, crime, law and "order", national - Tags:

The National / ACT “three strikes” policy on violent crime sentencing is the worst kind of law. It will not have the desired effect, it doesn’t address the real problem, and it has a host of unintended consequences:

Justice ministry slams three strikes changes

The Justice Ministry warned the Government against changing its three strikes violent crime policy saying it risked breaching New Zealand’s Bill of Rights and international obligations, went against the Government’s own policy on the drivers of crime and impacted on judicial powers. It also said some juries might not convict criminals, concerned by the unfair consequences if they did, and that the group worst affected would be Maori.

That’s a pretty damning summary.

As just covered by Eddie, and recently covered by Marty G, “getting tough” is not a solution for crime. It’s a knee jerk response intended to posture to the electorate, nothing more. To a large extent crime is a function of poverty. Reduce unemployment and crime will fall – as it did with near full employment under the last Labour government.

National, however, have no idea how to reduce unemployment. They also seem to have no understanding of costs and benefits. As Marty summed it up: “Here’s a government that’s willing to take a troubled, violent young man and lock him up for half a century at a cost of $5 million and yet it’s not willing to invest a fraction of that amount in programmes for at-risk kids, or job creation, or training for beneficiaries, or adult education, or drug and alcohol programmes, or all the other programmes that work to give young people a better chance at life and stop them committing crimes in the first place.”

Three strikes is a bad policy. The Justice Ministry has set out why in detail. No wonder the Ministry was, outrageously, blocked from giving advice to the select committee. Yet another example of government by pure ideology, determined to ignore the facts…

31 comments on “Out with three strikes ”

  1. It is not based on an understanding of the causes of crime, or an attempt to do anything about crime.

    It is the worst sort of policy. Its only requirement is that it can be boiled down into a short slogan and appeal to those who think that our penal system should be motivated by vengeance, not compassion.

    • Ag 1.1

      It isn’t meant to reduce crime. It’s a policy designed to capture the votes of the more authoritarian members of society by inflicting harsh punishments on “evildoers”.

      If conservatives cared about reducing crime, then why, since violent crime has been decreasing for years, do conservative media consistently act like it is increasing?

      We aren’t dealing with rational people, here.

  2. tc 2

    To quote Homer Simpson….” just because I don’t care doesn’t mean I dont understand…” it’s all about image and posture….forget about the impacts or whether it’ll do harm or do good……a great soundbite/more coffins for Wodney to parade past is the real outcome here.

    The con job on middle NZ continues……with a compliant MSM aiding and abetting….the justice ministry being excluded is yet another abuse of process….that list just keeps growing.

  3. Scott 3

    This is a hopeless policy that is roundly opposed by most people who work in the justice system, and has the potential to create more victims.

    Oh, and did I mention there’s no reliable evidence that tougher sentences work?

    Supporters of the three-strikes policy say its opponents are soft on crime. The truth is that the policy’s supporters are the soft ones, because they are pushing for something that will likely not work to reduce crime rates, when if they actually cared about crime prevention they would be looking at other strategies.

  4. George D 4

    So I take it that Phil Goff will be loudly and publicly opposing this policy?

  5. lprent 5

    Good post.

    I suspect that you’d find the correlation even higher if you lagged the change in unemployment by a period – maybe a year compared to the crime rate. That is about how long it takes for all of the household savings and saleable items to be realised.

    That is one of the other reasons that prolonged unemployment is so damn bad for a society. Of course the NACTs prefer to ‘do something’ by excessive sentencing. It makes no difference to the eventual crime figures – but it is easier for the lazy arseholes.

  6. KINTO 6

    Pretty simple when it comes to National, Act (remember Act corruptly selling a seat in parliament to David Garrett) and the sensible sentacing trust. More victims = More votes. Its that simple.

  7. vto 7

    Don’t know if any of you heard Stephen Franks on Baby Boomer Radio this afternoon but he had some great thoughts. Quoted New York’s success. Referred to more mandatory sentencing where the judges have less discretion.

    Of course he was an Act MP so many of you will dismiss him because of that, but he made a lot of sense.

    But do agree with link between unemployment and crime too. Pretty bloody obvious. Most people would do similar if pushed … … ….

    just another 2c

    • Descendant Of Smith 7.1

      Here is a little Wikipedia link on New York’s reducing crime rate and causes behind it. There’s plenty of other research.

      I’ve used this link because Wiki sources normally in my experience convey quite clearly the pros and cons of any issue. This one is slightly unusual in that it shows very little support for such polices as zero tolerance and three strikes as being effective. It also provides lots more sources for further information.

      Major conclusion:
      The crime decrease was due not the work of the police and judiciary, but to economic and demographic factors. The main ones were an unprecedented economic growth with jobs for millions of young people, and a shift from the use of crack towards other drugs.

      I am wondering however whether such a 3 strikes and you are out should be applied to businessmen who shut up businesses owing lots of money to others. Three times and you can never run a business again. Same rules for those who breach advertising laws – three breaches and you can’t advertise. Same rules for those who breach environmental regulations – three effluent discharges and you go to jail for a long long time.

    • I agree with you VTO in part …

      New York’s “broken window” program succeeded for a number of reasons. One of the most important was the reduction in unemployment, see above. Also it was about reducing environmental triggers of crime like tidying up trains and making individuals more comfortable about going into public areas. Once this was achieved crime reduced because there were more people around.

      Like all other wingnut analysis Franks leaps onto one statistic and claims that it is the reason that things are better without trying to understand everything that is happening around him.

    • Legalization of abortion helped, but dont tell Franks that, tends to send social regressive through the roof.

      People tend to misunderstand the “broken windows” policy, as above, its about fixing every broken window, not using up massive police resources finding and prosecuting window breakers.

  8. Herodotus 9

    There is a strong correlation on this graph, without being a wee bit skeptical why is the grapgh not extended to a greater lenght of time, the shorter the period the greater a set of data can be correlated to another, I would be interested to see the graph commencing from the post war years. There was a couple of mathamaticians in the early part of this decade who devised a strategy t invest within the US sharemarket, it worked wonderfully initially then with the recession collapsed dramatically. Why did they not pick this up? There data that the strategy was based on cover only a decade of sharemaket activity, it did not icvlude and redessioc/depression periods.
    I take it that by unemployment you refer to the official unemployment rate and not the 260k who are not employed but would take a job if it was presented to them.

  9. prism 10

    Unemployment and crime. I remember a comment from a policeman driving round his town with a reporter. The policeman pointed out various workers on building sites, waved out to some and remarked that during the recession – prob 1990s – they had all been in trouble with the law. Jobs came back, they were back at work and happy and virtually trouble free.

    The real problem with crime is when poverty of mind and socialisation and personal standards and poverty of income go hand in hand. Just providing jobs won’t get things right when there is so much wrong which needs extensive salvage programs. Human beings need to be cared for and taught by parents who care about doing a good job. For the state or private entities to start doing this with older people is a big task, but successes can be achieved.

  10. Can anyone else hear that ticking sound ?

  11. Rex Widerstrom 12

    To a large extent crime is a function of poverty.

    To a large extent many types of crime are a function of poverty, and there’s absolutely no doubt that reducing poverty will have a marked effect on crime.

    But a lot of the crime that makes the headlines, and feeds the fear that The Garotte. McVictim et al feed off, has little to do with poverty. A lot of street thuggery, for instance, is committed by what the Australians call “cashed up bogans” – idiots earning a lot of money (in the case of younf men with a trade in Australia, unimaginable amounts of money) tanked up on alcohol and sometimes methamphetamine.

    In my comment on Eddie’s related post today I’ve linked to video of a police officer violently bashing an innocent bystander. He was fined… sadly, cashed up bogans who commit violent assaults are often dealt with with similar leniency.

    I believe there is much to recommend a “broken windows” policy for some crime. Those committing assaults, for instance, would learn a lot from a brief spell in prison and then a much longer spell of community service in the A&E department mopping up blood and vomit.

  12. Mac1 13

    Damn, Rex, you hit the spot from time to time.

    Just back from rehearsal of “Four Flat Whites in Italy”. A character says in relation to dealing with the circumstances derived from driving negligently and having his daughter become a paraplegic, “Community service! It would have been a reward! Get me out of the house, meet new people, doing good, assuaging guilt. Paradise compared to being at home. Then they realized probably I was already doing the best community service I could do, helping to look after Joanna.”

    Connected thought, but needing careful connection. Krishnamurti, the Theosophist thinker, said that the way to deal with delinquency is to get the young person to put his/her hand on the body of a corpse. Dealing with death, awareness of mortality, is a great lesson giver.

    I’ve helped facilitate course in NZ prisons offering alternatives to violence and have seen and heard the broken-hearted stories of men who have done deeply hurtful, harmful, vicious things, and lived to regret them. (I’ve seen the others, too, who don’t regret for whatever dark reasons.)

    We must always offer a chance for change, for redemption, for the saving of souls, to criminals. Not to do so denies the chance or recognition that any of us might change where we need to, not to do so denies their humanity, and ours.

    As said earlier in the first comment, vengeance is a mean and dispiriting emotion; compassion and understanding opens hearts and ways. Thanks for your insistent belief, and to other like commenters, that this is the way to conduct our justice system, our prisons, our ways of dealing with crime and criminals.

    • Rex Widerstrom 13.1

      Only from time to time, Mac1? ;-P

      Thank you for running such courses and realising some people have the capacity for change. Indeed, as you say, most do – but not all.

      If we were cleverer at picking the difference, recidivism rates would plummet so I hope you’re agitating for input into the parole process (I constantly promote the idea that prison officers, course facilitators and others in ‘the system’, who’ve seen an offender over time and with their guard down, should be listened to at least as much as psychologists who do a ‘fly by’ pre-release assessment).

Links to post

Recent Comments

Recent Posts

  • Decision allows for housing growth in Western Bay of Plenty
    The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Speech to New Zealand China Council
    Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today.    Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
    BeehiveBy beehive.govt.nz
    15 hours ago
  • Modern insurance law will protect Kiwi households
    The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government recommits to equal pay
    The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says.  “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Transforming how our children learn to read
    Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says.  “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • NZ not backing down in Canada dairy dispute
    Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Stronger oversight for our most vulnerable children
    The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Streamlining Building Consent Changes
    The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says.      “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Minister acknowledges passing of Sir Robert Martin (KNZM)
    New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...
    Good evening –   Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us.  ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Accelerating airport security lines
    From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Community hui to talk about kina barrens
    People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Kiwi exporters win as NZ-EU FTA enters into force
    Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Mining resurgence a welcome sign
    There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Ō-Rākau Remembrance Bill passes first reading
    The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government to boost public EV charging network
    Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure.  The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Residential Property Managers Bill to not progress
    The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Independent review into disability support services
    The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Justice Minister updates UN on law & order plan
    Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Ending emergency housing motels in Rotorua
    The Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Trade Minister travels to Riyadh, OECD, and Dubai
    Trade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Education priorities focused on lifting achievement
    Education Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • NZTA App first step towards digital driver licence
    The new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say.  “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Supporting whānau out of emergency housing
    Whānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Tribute to Dave O'Sullivan
    Racing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Speech – Eid al-Fitr
    Assalaamu alaikum, greetings to you all. Eid Mubarak, everyone! I want to extend my warmest wishes to you and everyone celebrating this joyous occasion. It is a pleasure to be here. I have enjoyed Eid celebrations at Parliament before, but this is my first time joining you as the Minister ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government saves access to medicines
    Associate Health Minister David Seymour has announced Pharmac’s largest ever budget of $6.294 billion over four years, fixing a $1.774 billion fiscal cliff.    “Access to medicines is a crucial part of many Kiwis’ lives. We’ve committed to a budget allocation of $1.774 billion over four years so Kiwis are ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Pharmac Chair appointed
    Hon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Taking action on Fetal Alcohol Spectrum Disorder
    Hundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says.  “Every day, ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • New sports complex opens in Kaikohe
    Regional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Diplomacy needed more than ever
    Foreign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges.    “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Anzac Commemorative Address, Buttes New British Cemetery Belgium
    Ambassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service.  It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – NZ National Service, Chunuk Bair
    Distinguished guests -   It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders.   Our presence here and at the other special spaces of Gallipoli is made ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – Dawn Service, Gallipoli, Türkiye
    Mai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia.   Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • PM announces changes to portfolios
    Paul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New catch limits for unique fishery areas
    Recreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister welcomes hydrogen milestone
    Energy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Urgent changes to system through first RMA Amendment Bill
    The coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Overseas decommissioning models considered
    Overseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Release of North Island Severe Weather Event Inquiry
    Emergency Management and Recovery Minister Mark Mitchell has today released the Report of the Government Inquiry into the response to the North Island Severe Weather Events. “The report shows that New Zealand’s emergency management system is not fit-for-purpose and there are some significant gaps we need to address,” Mr Mitchell ...
    BeehiveBy beehive.govt.nz
    2 weeks ago

Page generated in The Standard by Wordpress at 2024-05-03T12:50:49+00:00