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Restorative justice?
from the post by Virago on KiwiBiker forum:
This makes for some interesting reading: http://aranakenny.blogspot.co.nz/
It's worthwhile clicking through some of the links to get all the details, but in a nutshell:
A Victoria University employee, doing caretaking and security work, steals a student's cellphone while working. Seven months later, the victim tracks the phone down using smart-phone technology, and hands the evidence to the police. The culprit is arrested and charged, and he admits the theft.
Apr 09, 2013 School, Region: Pacific, Theory, Country:New Zealand, Distinguishing, Policy
Stalking accused trying to abuse system
from Ian Steward's article on Stuff.co.nz:
A man described by police as "New Zealand's most dangerous stalker" has requested a restorative justice session with his latest alleged victim, though a judge has rejected it as a transparent attempt to "keep in touch".
Jan 25, 2012 Limitations, Country:New Zealand, Region: Pacific, Theory
The power of penal populism in New Zealand from 1999 to 2008
from Tess Bartlett's abstract to her thesis:
This thesis explains the rise and power of penal populism in contemporary New Zealand society. It argues that the rise of penal populism can be attributed to social, economic and political changes that have taken place in New Zealand since the postwar years. These changes undermined the prevailing penalwelfare logic that had dominated policymaking in this area since 1945.
It examines the way in which ‘the public’ became more involved in the administration of penal policy from 1999 to 2008. The credibility given to a law and order referendum in 1999, which drew attention to crime victims and ‘tough on crime’ discourse, exemplified their new role. In its aftermath, greater influence was given to the public and groups speaking on its behalf.
Mar 21, 2011 Retribution, Region: Pacific, Theory, Support, Country:New Zealand, Policy
It's time to make the punishment fit the white-collar crime
from the Nelson Mail (NZ) editorial:
....it's not easy to maintain a clear-eyed focus on justice.
Very few New Zealanders will feel that this is what happened when Blue Chip co-founder Mark Bryers entered the dock on Thursday to be sentenced on 34 charges. Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket".
May 27, 2010 Retribution, Region: Pacific, Theory, Country:New Zealand, Other, Case:White Collar
Proposed "three strikes" legislation in New Zealand
from the May 2010 newsletter of Rethinking Crime and Punishment:
In recent months, the three strikes legislation has created concern across the political and ideological spectrum. The Maxim Institute, sponsored a speaking tour by Professor Warren Brookbanks and Senior Lecturer Richard Ekins of Auckland University. They also published an excellent report setting out the facts about the three strikes legislation.
....Brookbanks and Ekins report “Criminal Injustice and the Three Strikes Law” considers the legislation is both wrong and unjust for the following reasons:
May 10, 2010 Retribution, Country:New Zealand, Region: Pacific, Theory
Therapeutic jurisprudence, restorative justice and brushfire arson
from Michael King's entry on Cutting Edge Law Blog:
Last Thursday and Friday at the Monash University Conference Centre in Melbourne I took part in a symposium organised by Monash Sustainability Institute, the Australian Institute of Criminology and others about preventing bush fires....
A key feature of the symposium was its multi-disciplinary approach – professionals from the fire services, police, psychology, corrections, criminology and the law explored the different aspects of the motivations behind, detection and investigations into and prosecution and sentencing in relation to bush fire arson. Identifying potential arsonists and greater community education were other matters considered at the symposium.
Mar 31, 2010 Region: Pacific, Country:Australia, Potential, Theory
New Report Explores Indigenous Conflict Resolution Mechanisms in Australia
In September the Indigenous Dispute Resolution and Conflict Management Case Study Project released the report Solid work you mob are doing: Case studies in Indigenous Dispute Resolution and Conflict Management in Australia. The report presents recommendations for improving conflict management work in the Indigenous context drawn from three in-depth case studies and several smaller snap shot studies.
According to the Executive Summary:
...The findings of the Project have relevance to all who do business with Indigenous communities. This includes those working in a broad range of areas including health,housing, education; natural resource management; native title; social and emotional wellbeing; Northern Territory Emergency Response (NTER) initiatives; income support; taxation; child support; employment; consumer advocacy; business development; Indigenous governance; corporate social responsibility; agreement-making; microfinance; family relationships and community cohesion; youth and children’s services; social and emotional wellbeing; welfare reforms; criminal and restorative justice; cultural heritage protection and repatriation of cultural materials; and reconciliation.
Oct 13, 2009 Indigenous, Country:Australia, Region: Pacific, Practice, Theory
Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike?
From the paper by Tyrone Kirchengast: The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. Proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the harm done to the victim and community has generated debate, however, as to the extent to which offenders may be now subject to unjustified, harsher punishments.
Jul 06, 2009 Conceptual, Country:Australia, Region: Pacific, Theory
