Justice

And not a peep from the Union. Odd that

Could it be that all this is happening on Correction?s watch instead of SERCO?

Police are trying to find a man in Southland who has removed an electronic monitoring bracelet he was wearing as part of his bail conditions.

Southland police say they have a warrant to arrest 30-year-old Michael George Mulligan.

Mulligan is about 169cm tall and is of medium build.

Last week Labour called for a policy change after Corrections revealed 18 people who were being tracked using electronic bracelets had cut them off and gone on the run.

The Corrections Department on Thursday said 18 people, including five offenders and 13 on bail, were currently unaccounted for.

Read more »

Quote of the Day

“If I was him, I’d worry less about the gods, and more about the fury of a patient man.”

-?Ragnar Lodbrok

Sentenced to 5 years for taking a life, serves 10 months in jail. Is this justice?

Oscar Pistorius must have gotten a discount for being less than a full human being.

via ABC News

via ABC News

Oscar Pistorius, the South African double amputee sprinter who shot dead his girlfriend, is scheduled to be freed on parole on August 21 after serving just 10 months in jail.

The proposed release date, announced on Monday (local time), provoked an angry reaction from the parents of model and television presenter Reeva Steenkamp, 29, who Pistorius shot on Valentine’s Day in 2013.

“Incarceration of 10 months for taking a life is simply not enough,” her parents June and Barry Steenkamp said in a statement released online.

“We fear that this will not send out the proper message and serve as the deterrent it should.”

The statement added that the family had “forgiven” Pistorius and did “not seek to avenge” their daughter’s death.

“He has been recommended for correctional supervision on August 21,” Zach Modise, commissioner of the correctional services, told AFP.

“Normally, this will mean house arrest with one hour of free time each day. As he progresses, we will relax these conditions.”

The mad bugger has essentially gotten away with it. ? 10 months in jail, and then a cushy number at home for a while in exchange for a human life.

Is this justice?

 

-?Kristen Van Schie, AFP

Who is Andrew Little? Does Andrew Little prepare properly?

Looking over Andrew Little?s career leads to a big question about how he prepares.

He appears not to give much consideration to radical changes to systems or processes with centuries old precedent.

The prime example is as Justice spokesman he wanted to change the burden of proof to the offender, not the accuser.

Arts, lifestyle and travel blogger David ?Pinko? Farrar took a break from his hectic travel schedule and posted a cutting post when Little released the policy.

Meet your next Justice Minister people. The Herald?reports:

Labour?s justice spokesman?Andrew Little?did not think the party?s proposal would lead to more innocent people being convicted.

?I don?t see why. You?re assuming that there is a propensity to lay false complaints. There is no evidence pointing to that.? ?? Read more »

Another discharge without conviction for sexual assault

The parallels to NZ’s “Rolf Harris” are many. ?Did something wrong. ?On the scale of sexual assaults, it was at the softer end. ?Pleads guilty. ?Gets discharge without conviction. ?But that’s there the parallels end.

A former Blenheim priest has been discharged without conviction on a charge of indecent assault.

Former St Mary’s parish priest father Alastair Aidan Kay, 71, appeared in the Blenheim District Court this morning for sentencing on the charge against a male over 16, which he admitted in September.

His lawyer, Rob Harrison, argued the offending had been at the lower end of the scale, despite being a “gross breach of trust”.

Judge Bruce Davidson said by the narrowist of margins he was satisfied the consequences of a conviction would outweigh the gravity of the offending.
“This is a fairly low level indecent assault in itself, but of course is made worse by the substantial breach of trust not only to the complainant himself, but also his family and the wider church community,” he said.

The discharge was on the basis that Kay was to pay $1500 in emotional harm reparations to the victim, with an immediate payment of $1000 to be made, and the balance to be paid by December 12. Read more »

Another Dud Judge

There is something seriously wrong with our judiciary.

They seem to be filled with liberal panty-waist types who think crims just need a hug instead of a good long stretch.

This dud judge has said that jail wouldn’t have a “positive effect” on a thug who nearly killed someone with a punch to the head.

I’m not kidding.

It might sound unlikely – the victim of a “king hit” who suffered life-threatening injuries ends up incarcerated while his attacker avoids jail time.

But that is exactly what happened in Auckland District Court yesterday.

Napier labourer Mathew Papa, 22, was out drinking at Cassette Nine on Auckland’s Vulcan Lane on February 7 when he took exception to another reveller’s actions.

Papa blindsided the 25-year-old victim with a punch to the right side of his face, knocking him unconscious on the dancefloor.

The DJ saw the fracas and alerted the bar manager who in turn told bouncers.

They followed the fleeing offender down Queen St and got in touch with police who were able to trace him via CCTV.

When officers caught up with him, Papa was in a car park trying to change out of his bloody clothes in a bid to evade arrest.

Meanwhile, the victim was being rushed to hospital with life-threatening injuries.

Though police argued Papa should be sentenced to a term of imprisonment, Judge Russell Collins decided that unlikely have a positive effect.

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 ? 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 »

Catholic Church takes responsibility for child abuse. Just Talk or will there be Justice?

Long term readers of Whaleoil will know that I have no love for the Roman Catholic Church. ?Their despicable history of child abuse and the subsequent organised cover up of this abuse has been a global phenomenon.

Pope after Pope has made some high level PR speeches, but in the end the matter was always swept under the rug, with offenders moved, to other countries if needed, instead of handed over to the local Police.

By selecting the current Pope, the Vatican may have picked the first honest Pope in history. ?But does he have the courage and administrative support to made a difference?

Pope Francis made his first public plea for forgiveness on Friday (local time) for the “evil” committed by priests who molested children, using some of his strongest words yet on the Roman Catholic Church’s sexual abuse crisis.

The Argentine-born pontiff said the Church, which last month named a high-level group on the scandal including an abuse victim, had to take an stronger stand on a scandal that has haunted it for more than two decades, and indicated there would be repercussions for perpetrators.

“I feel compelled to personally take on all the evil that some priests – quite a few in number, (although) obviously not compared to the number of all priests – to personally ask for forgiveness for the damage they have done for having sexually abused children,” he told members of the International Catholic Child Bureau.

“The church is aware of this … personal, moral damage carried out by men of the church, and we will not take one step backward with regards to how we will deal with this problem, and to the sanctions that must be imposed.

“On the contrary, we have to be even stronger. Because you cannot interfere with children,” Francis said in unscripted comments as he addressed the children’s rights body.

Indications are that this Pope may actually do ?more than talk. ?It will be interesting to see the actual outcome of this apparent shift in policy. ?Unless priests are handed over to the local authorities and the Church assists by providing access to all information and other staff for interviews and court appearances, a great opportunity to lance this boil will be wasted. ? Read more »

A dud judge

Read this account and be astonished at the poor form by this dud judge who seems more interested in the rights of a scumbag sex offender than those of his victims.

A judge has grudgingly allowed one child sex abuse victim to read her statement in court, after the victims had declined a restorative justice meeting where they could have confronted the offender.

The offending against three young girls by Shane Vincent Roy Dennis, now aged 54, took place more than 20 years ago.

Christchurch District Court Judge David Saunders today sentenced Dennis to 10 months of home detention, 200 hours of community work, and ordered him to pay $1000 to each victim.

Dennis had admitted 11 charges of indecent assault, and one of inducing a girl to do an indecent act. All related to girls aged under 12 at the time.

Dennis now works as a truck driver in Whangarei, where helps care for his sick wife. He will continue to work and the emotional harm reparation payments to the victims will be made at $75 a week.

Judge Saunders said it was a case where restorative justice would have been beneficial but the offer had been declined by the victims.

He questioned why one of the victims now wanted to read her victim impact statement in court, where the defendant did not have a chance to reply effectively.

?I?m not comfortable about it now,? said the judge. ?This doesn?t have a sense of balance about it. There?s no opportunity for formal interaction or apology. I am not sure what she is trying to achieve.? ? Read more »

When the system is broken

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