Justice for All, Inclusive and Fair
Saturday, September 20, 2003
In a modern society its absurd to still hear 'lock 'em up and throw away the key' being promoted as the most effective way to deal with people who commit crime. However, the recent public debate about the viability of home detention as an effective punishment compared to sending criminals to the big house is masking the real issue of justice in New Zealand.
When we take a step back to look at the bigger picture of justice we can see that, in this country, we’ve got it arse about face.
Under our current system crime is an offence against the state, the emphasis is on the law being broken, not the actual crime being committed. That's an aberration.
Under our current system, New Zealand has the second highest imprisonment rate in the world to the good 'ol USA. Last year, the corrections department spent $259 million on incarcerating prisoners, while $43 was spent on rehabilitation services. This just ain't working: 86 per cent of prisoners will be reconvicted within five years after release and 51 per cent of prisoners will be back in the lock-up.
So its time we had a good, hard look at how this country resolves crime. The Green Party supports a different approach to Justice - we want to move away from the adversarial and punitive model to one that places the victim's needs central to the process.
It's called Restorative Justice. The number one priority is to heal the harm that has been caused. It involves the community, which is important because sanctions and punishment are only effective if they engage the offender - by involving people known and respected by the offender the outcomes are far more likely to be meaningful.
What this approach doesn't say is 'how do we punish this person?'; rather it asks 'how do we get them to recognise the harm that they've caused, take responsibility for that and then take practical steps to restore the balance?'.
Confronting the damage one's done and the people one has hurt could hardly be described as the soft option, especially compared with a sanction from the state that a criminal is likely to disrespect anyway.
Evidence has shown that restorative justice is more effective both in increasing victim satisfaction and reducing re-offending.
Community involvement has a wider benefit. There are times when a community must share the responsibility for the actions of its members and confront its own contribution to the problem. If our society provides no opportunities for young people, then it should be no surprise if they get up to mischief.
Restorative justice has appropriate applications for marae-based justice. Maori are over-represented in our prison population, and there are volumes of evidence that the mainstream justice system discriminates against Maori in convictions and sentencing.
Being called to account for your actions in front of your whanau, the victim and their whanau, iwi, hapu and elders is more likely to make a positive effect for rehabilitation than being locked away in a 'white man's prison' and all the resentment that it would harbour.
Justice is not about punishment, yet the punitive concept underpins this country's justice system. At the end of the day, justice is not simply about stopping people committing crime, rather its about creating and maintaining a society that is fair, just and inclusive.
We believe restorative justice is a way to achieve this. Couldn't do worse than the current system.


