Crime

Politics as Combat

Andrew C. McCarthy writes at National Review Online about politics as combat.

It has come to this after six years of Barack Obama’s Chicago-style community-organizer governance: The hard Left no longer believes it necessary to pretend that the rule of law matters. It is politics as combat. The devolution can be measured from the trumped-up indictment of Tom DeLay to the trumped-up indictment of Rick Perry.

Back in 2005, the idea of exploiting prosecutorial power to criminalize one‚Äôs political opposition was still sufficiently noxious that Democrat apparatchiks in Austin understood the need for camouflage. Tom DeLay of Texas was among the GOP‚Äôs most effective leaders and fundraisers, having risen to congressional leadership not long after he helped¬†Newt Gingrich lead the 1994 GOP takeover of the House. Democrats decided he had to be sidelined. They also knew they had the raw power to make it happen: a political operative¬†ensconced¬†as the chief prosecutor in a reliably Democratic county. In politics as combat, raw power is all you need ‚ÄĒ just cause has nothing to do with it.

But nine years ago, it was still unacceptable for the rub-out to look too much like a rub-out. It was not possible to charge DeLay with the non-crime of raising money for Republican candidates ‚ÄĒ his real offense as far as his adversaries were concerned. So he was indicted for a convoluted money-laundering scheme.

You may have noticed that the political left is using similar tactics here…legal challenges by Graham McCready exclusively against right wing politicians…and now dirty, illegal hacking against the voices that speak against their politics. ¬†¬† Read more »

The Herald and gang porn

The Herald couldn’t be more out of touch with New Zealand if it tried.

Every day this week it has been plastered with pictures of Headhunters, as if they are normal everyday citizens who just happen to wear colourful clothing.

Yes, I get that it has suited the love story theme, but you still can’t get away from the fact that gang members are criminals and create criminal enterprises based on illegal products such as methamphetamine.

What the Herald has been telling us this week is that gangs are basically decent guys who can sometimes be rogues, but who are loyal to their friends. I get the loyalty to friends bit…I do…but.

No mention of their crimes or the absolute misery they cause to law-abiding New Zealanders. No mention of how you actually obtain a patch.

And all this in the week that the Herald dismissed the government’s announcement to deal with gangs.¬† Read more »

Tagged:

A dud judge

Time and again we are seeing dud judges going soft on criminals.

We have highlighted Justice Helen Winkelmann before and her inconsistencies.

But yesterday she had an absolute shocker.

Burying your son after a brutal beating is every parent’s worst nightmare.

Seeing the attackers walk free, despite an admission of guilt, is Mona and Brent Dudleys’ reality.

The West Auckland family, who lost their “kind-hearted” 15-year-old boy Stephen in June last year, are reeling from a judge’s decision not to convict the teen who assaulted him before his death.

The 18-year-old, whose name is permanently suppressed, attacked Stephen after a rugby practice – punching him in the neck and continuing the attack while Stephen was on the ground.

Justice Helen Winkelmann’s decision to grant the teen a discharge without conviction prompted an angry outburst from the Dudleys in court yesterday. ¬† Read more »

We don’t have a ‘Rape Culture.’ THIS, is a country with a ‘Rape Culture’

Previously I have explained the Feminist definition of what Rape Culture is and have concluded that we simply do not have it here in NZ when you look at the definition of what a Rape Culture actually is.

However India meets all the requirements hands down and this unbelievably  disgusting photo shoot leaves the viewer with no doubt whatsoever as to the underlying  attitude towards women in India. To be fair the photographer claims that his intent was to highlight the Rape culture in an artistic way. You be the judge as to whether or not he succeeded.

Read more »

Good start Anne, but go have a chat with Mitch on how to solve gang problems

I received this email from Anne Tolley last night:

Known members of gangs comprise just 0.1 per cent of the adult population, but in 2013 were responsible for 25 per cent of homicide-related charges.

In the first quarter of 2014, this group have been charged with 34 per cent of class A/B drug offences, 36 per cent of kidnapping and abduction offences, and 25 per cent of aggravated robberies.

That’s why, if re-elected on 20 September, National will implement a new action plan to tackle gang crime. Our whole of Government action plan on tackling gangs will:

  • Introduce a¬†Gang Intelligence Centre¬†led by Police to support investigation, prevention, and enforcement; identify vulnerable children and family members who may need social support; and identify young people at risk of joining gangs to help steer them toward a better path. ¬† Read more »

Were Police fiddling the figures under Clark?

After the selective leak of a report into Counties Manukau police fiddling the crime stats one has to wonder if anything has been left out.

The hit job was designed to get Mike Bush, and has been signalled for months by the opposition who started framing discussion around police reporting as being dodgy.

Jacinda Ardern was floating this boat back in April.

But how long has it been going on for? A long time it seems, before the National government as well.

Did it happen under Clark’s administration? Quite possibly.

This email just came in on the tipline.

Hi Cam/Team

This is regarding the recoding of burglaries in Counties Manukau South (Franklin and Papakura) to reduce recorded incidences of burglaries. This is far more widespread that just what has been identified, but it is also nothing to do with political pressure (or, should I say, nothing to do with a National govt). I worked briefly on the Burglary Squad in [REDACTED]¬†(I was a sworn Constable at the time) in early 2008 (under the Clark Labour govt), and I was instructed to recode burglaries where ever possible, even when it was clear the definition of a burglary had occurred (common recoding was, as has been reported, to standard theft, or wilful/intentional damage, or recoding to a “suspicious person” or other such incident). That was all to reduce burglary stats.¬† Read more »

Does Julian Assange subscribe to a rape culture?

The Standard and other various left wing people out there have been attacking the government and Murray McCully in particular over an alleged “rape Culture” in New Zealand and protecting the rights of victims to speak out about the “crimes” that were visited upon them.

It’s funny you know, because when you do a bit of research around this issue you find all sorts of interesting contradictions.

Take the case of Julian Assange…superficially it is similar to the Malaysian diplomat case. Assange is charged with actual rape, where as the Malaysian diplomat is charged with intent to rape. Assange’s charges are much more severe. Both are being sought for extradition to the country where the alleged crimes occurred. One used diplomatic protection to run, the other just ran and is hiding in another country’s embassy to avoid facing his accusers in court.

Now this is where it gets different. In New Zealand a foreigner appears to have picked up a “rape culture”…where as Julian Assange is portrayed as the victim of a vendetta and trumped up charges.

Lynn Prentice was particularly vociferous over the Assange case.

You will be interested to see the scorn with which Lprent Рand other commenters Рpour on the alleged victim Рand the stern defence of where the burden of proof lies.

standard1 Read more »

Protect that Child and ignore the wombles

The Sensible Sentencing Trust has launched a campaign about name suppression and flown Derryn Hinch over to speak about the travesty that is name suppression.

I may have been convicted and in the process changed the law, but the law changed put through by Simon Power were small and more interested in stopping people like me rather than actually tightening up on suppression orders.

Derryn Hinch has gone to jail for opposing suppression orders.

Derryn Hinch wants to be able to turn on his mobile phone and see the names of all sex offenders in the neighbourhood.

The outspoken Taranaki-born broadcaster, who now leads a campaign for a public sex offenders register in Australia, has come home to launch a pre-election campaign by the Sensible Sentencing Trust to get a similar register in New Zealand.

He will take part in a trust-organised debate tomorrow against liberals Dr Gwenda Willis and Kim Workman.

Kim Workman is one of those wombles who means well but is a hopeless crim hugger that the media uses all the time to promote their crim hugging stance.

Stephen Franks gives him a right good ticking off in his latest blog post.

On Sunday afternoon¬†I’ll be in Auckland to¬†chair a¬†public discussion¬†of¬† the secrecy that justice insiders defend so tenaciously. Derryn Hinch is the main speaker.¬†He’s endured prison¬†to stand up for open courts and freedom of speech.

Doing my homework, I’ve been reminded of the intellectual blindness engendered by the beliefs of well meaning people. ¬†Kim Workman is a good man. He writes thoughtfully on his¬†blog “Smart on Crime”. The¬†post prompted by the absurd discharge¬†of the Maori prince is worth reading by anyone who needs to understand the criminal justice establishment. They need to feel morally superior (compassion is their claim)¬†over¬†the rest of us, but they acknowledge the need also for research on their side.

So how do they end up so far from reality? This well written piece shows us. The reasoning is respectable so far as it goes, but it stops well before it gets anywhere near the main issues. It misses the same point as is missed by the justice insiders generally.

It measures everything according to its potential to redeem the offender. Redemption is worth trying if it does not prejudice more necessary purposes. But the fate of particular offenders is trivial, when the proper measure of a justice system, indeed any social mechanism for inculcating and upholding norm observance, is the extent of offending overall. Recidivism rates may affect offending rates, but they are much less important than rates of recruitment to offending.

Most serial offenders and hardened criminals will never be redeemed. I’d like to see Kim Workman offer to take in some of these scum into his own home if he thinks they can be redeemed.

I suspect he’d baulk at that suggestion.

Almost all cultures rely heavily on reputation mechanisms to discourage the establishment of such patterns. They commonly involve exacting a price over the long term from individuals, their families,¬†and communities that harbour them. They also commonly¬†provide well recognised paths to discharge the shame burden, to demonstrate remorse. As Kim Workman acknowledges, Maori norm enforcement¬†relied heavily on whakaama ‚Äď shame. What he does not go on to acknowledge was the extent to which shame mechanisms need practical impacts and ‘stigmatization’. They¬†depend on tangible consequences to shameful behaviour.¬†Whakaama (shame)¬†becomes irrelevant and toothless when it¬†is separated from the consequences, when the forgiveness carrots are poured out in sackloads without¬†any sticks of¬† ritual humiliation, group responsibility and formulaic depredaton (muru and utu)..

But¬†well meaning¬†‘sickly white liberals’ (in Winston Peters’ memorable words) have gutted our law of its links with reputation sanctions. They’ve left the law¬†struggling ineffectually to rely on formal punishments alone.

So Mr Workman, when you deplore the powerful¬†trend toward¬†more¬†severity in punishments, when you rail against the lack of recognition of the truth¬†that speed and certainty of consequence are much more important than severity in deterrence, take a look at your own responsibility. You’ve helped eliminate from our law the most powerful and speedy social sanctions of all at¬†the critical¬†time (in application to young people).

Rethinking Justice¬†applauds the secrecy of our youth courts. You defend our disgraceful name suppression law. You supported the Clean Slate law. And in your blog you whine about the ordinary peoples’ rejection of the expert demand that criminal justice policy be left to experts. You exemplify the establishment’s comprehensive rejection of the reputation based natural social sanctions.

You genuinely believe you have research and reason on your side, but it is fatally limited. Your post on Paki takes the shame analysis no further than the effect of shame on rehabilitation prospects. Shame may inhibit rehabilitation for offenders outside a community with high social cohesion (i.e. where the social sanctions are presumably severe, and scope for collective redemptive support). But where is the consciousness of its importance to offending rates?

Read more »

So what is this Rape culture that you speak of?

tumblr_mgg02w7sMX1rt0xbro1_500

Rape culture is a term that was coined by feminists in the United States in the 1970’s. It was designed to show the ways in which society blamed victims of sexual assault and normalized male sexual violence.

I do not believe that NZ has a culture where women get blamed for rape. Not at all. Blaming women for men’s actions is typical of backward Patriarchal countries where women have little power and are forced to dress modestly least they cause men to lose control. India has been in the news lately a lot for that kind of thing. Simply being a woman on a bus without your male relatives to protect you appears to be justification enough for a gang rape over there. Now that is a rape culture!

Is male sexual violence normalised in New Zealand? No it isn’t. No one considers it normal to beat their wife or girlfriend in New Zealand. Yes some do but mainstream New Zealand does not have that view that it is ok or normal, not at all. To not only beat but to also rape, only hard core Gang members or sick Men from Patriarchal countries would ever dare to express the view that that was acceptable.

Emilie Buchwald, author of Transforming a Rape Culture, describes that when society normalizes sexualized violence, it accepts and creates rape culture. In her book she defines rape culture as…..

a complex set of beliefs that encourage male sexual aggression and supports violence against women. It is a society where violence is seen as sexy and sexuality as violent. In a rape culture, women perceive a continuum of threatened violence that ranges from sexual remarks to sexual touching to rape itself. A rape culture condones physical and emotional terrorism against women as the norm . . . In a rape culture both men and women assume that sexual violence is a fact of life, inevitable

Violence sexy? Violence in action movies and online games is directed towards combatants in battle scenarios. Apart from a few exceptions like the car racing game where hookers and drugs were part of the game, violence is depicted in battle against combatants not against women. In films, sex is certainly way more explicit than it used to be. However romance is still popular and I cannot imagine any sex symbol lasting long in the industry if he played a character in a love story who raped or beat his love interest. No one in NZ would find that sexy. They would find it disgusting. Most women in NZ expect respect and love, not violence and the majority of Men in NZ want the same in return.

The website Force: Upsetting the Rape Culture explains how rape culture is the images, language, laws and other everyday phenomena that we see and hear everyday that validate and perpetuate rape.

Rape culture includes jokes, TV, music, advertising, legal jargon, laws, words and imagery, that make violence against women and sexual coercion seem so normal that people believe that rape is inevitable.

- www.wavaw.ca

When was the last time you heard a rape joke? If you are like me it would be never. When people have made rape jokes in America they get attacked on Twitter, on Facebook and in the Media. We have a very politically correct culture in NZ and it is hardly a breeding ground to allow rape jokes, images of rape, or laws that make it easy for a rapist to get off.

Yes, rape happens in New Zealand. Yes, we do have nasty examples of masculinity like the so called Roast Busters. What we do not have is a culture of rape. At least not by the definitions quoted above.

The backdown has started, Andrew Little was just thinking out loud apparently

The other day Andrew Little said that Labour had a new policy where they wanted to shift the burden of proof in rape cases from the prosecution to the defence.

Essentially Labour thinks that someone charged with rape should have to prove consent.

Predictably, after copping a flogging online and on talkback for the last few days, they are now in full reverse ferret mode.

A case of Andrew Little thinking out loud.

Labour’s downplaying its justice spokesman’s proposal to shift the burden of proof in rape cases.

The party wants the Law Commission to consider a shift to an inquisitorial system – to make courtrooms less combative for alleged victims of sexual assault.

Mr Little’s suggested the defence should have to show there was consent, to prove the accused’s innocence. ¬† ¬† Read more »