Guest Comment:

We have become so stultified in our thinking and priggish in our expressions that it become unavoidably offensive to speak the truth.

Jon Georg Hamon

Judges:

Judges are promoted from the ranks of lawyers. Is there a better way?

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Sentencing:

Does anyone ever receive the maximum sentence available?

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Technicalities:

We would all like to get off that parking ticket because of a technical error, but should it let serious criminals off?

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Compensation:

Why prisoners should not receive any compensation?

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Night Courts

Would Night Courts improve the Justice system?

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Double Jeopardy

Should an offender remain free after "getting off" a charge, if fresh evidence proves him guilty?

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How to deal with crime – now!

We are losing the battle against crime. Having tried all the consultative, touchy feely, warm fuzzy methods, crime has increased. It is time to take positive, effective action.

New Zealand is now 2nd highest in victims of crime per capita in the world! Once again, Australia beats us for first place!. United States is 15th place. This is appalling.

Yes, you and your family are now very likely to be victims of crime. It may only be something stolen from you, it could well be worse. Some people think that crime only happens to other people. Hopefully, you are more aware than those people. The following are United Nations research figures from 2002:

World statistics on victims of crimes:

We have the highest number of rapes per capita:

World statistics on rape:


Here is how to both effectively minimise crime and deal with existing serious criminals so that they are no longer a threat to you and your family.

Crime is defined as an unlawful action punishable by three years or more in prison. If you steal a newspaper valued at $1, it is an offence and has a lesser penalty than a crime.

When a person commits a crime and is charged as a first offender, regardless whether they are an 8-year-old or an 80-year-old, make them serve a minimum of one month in prison. At first, this may sound pretty heavy-handed.

Unfortunately, the family discussions, Social Welfare supervisions and other measures employed recently have resulted in an escalation of criminal activity. There has been no short sharp shock and it has left us with children who have grown up gradually being led into expecting that nothing bad will happen to them if commit a crime. By the time they do go to prison in their late teens, they have been gradually eased into expecting it and therefore, under the current regime, it has no deterrent effect.

I can hear some of you thinking I don’t want my family member going to prison just because they fell by the wayside for the first time. To counter this, I believe that the first time a person commits a crime they should receive one and only one chance to make amends and lead a law-abiding life in future.

To this end, I would suggest that the first criminal conviction receive complete suppression both from being publicly published and from showing as a criminal conviction on their record. (An exception would be if their first crime was a serious one that resulted in them serving more than 2 years prison.)

It would be conditional that they do not offend again. On their first transgression they have the conviction suppressed and not officially recorded. This is on the understanding that if they re-offend and commit another crime, that the first and any subsequent crime is publicly published and recorded as a conviction.


I have heard all the excuses offered in Court that some elderly or frail relative will die if the name is published etc. This is rubbish. It is just an excuse to avoid publication. If publication is truly a worry to the criminal then more reason to publish. Any method of making crime undesirable is fine by me.

Offend once and keep out of trouble thereafter would mean no conviction publicly published and to all intents and purposes, no record. Re-offend and we jump on them so hard they wish they were never born.

Any subsequent conviction for a crime must carry as a minimum penalty, one which is equal to or greater than the heaviest penalty that has been given for any previous conviction. They must never receive a lesser penalty for a subsequent criminal act.

Quite simply, we are saying “Stop committing crimes or we will make it so that you cannot continue to do so.” I believe this is very fair, up-front approach.

How will we deal with our existing and well established serious criminals?

Firstly, do a computer analysis to establish the 1000 worst criminals currently not in jail or awaiting trial for a crime.

Summons them to Court and advise them that they are on their final warning. If they fail to appear, serve papers on them advising them that they are on final warning as follows:

Record that they have been advised of the action that WILL take place should they commit any crime after that moment.

If they commit any crime after this warning, they will be sentenced to a minimum of 10 years in Prison even if that crime carries a lesser maximum term. (Remember that these people have had plenty of chances to turn their lives around before this. Many will have committed hundreds of crimes.).

If the crime they are now charged with carries a maximum of more than 10 years, they will serve the maximum available. eg. if they commit a burglary which carries a 14 year penalty then the full 14 years will be imposed. They cannot say they have not been warned.

Any Prison sentence imposed as a result of this system will be in full with no parole. Good behaviour is the expected “norm”. Bad behaviour should result in an extended sentence.

There are two types of criminal simplified to the “bad’ and although politically incorrect, the “mad”. The “bad” try to beat the system by coming up with a better plan or way each time, the “mad” cannot help themselves. Either way, they have to be taken out of circulation to “prevent” them committing crimes. It is basically “tough love”. “We love you, however, if you won't or can't stop, we will prevent you from committing crimes. You choose what your future life will be!”

What is the cost of such a system. With 2.42 million taxpayers (even a person on a benefit pays $2500 per year tax), the cost of 1000 extra prisoners at $72,000 per year each, comes to only $29.75c total per taxpayer per year. It would be almost half that if private prisons were used. Shall we make it, the top 3,000 criminals instead of 1,000. I am more than willing to pay! So would more than 92% of voters.

We should be prepared to build prisons as necessary. None of this “You should be sent to prison but there is no room so I am going to fine you or put you on home detention”. What a joke albeit a sick one.

The concept of a deterrent prison offered here is not one of "lock them up and let them rot". We do not advocate prisons full of "the doomed".

Our objective is to have productive, non-offending members of society.

Many people feel helpless and think that they can do nothing. Not so, just as the laws have been made over the years, we can alter, amend, update or repeal them.

Offenders need to know from the outset that their offending is unacceptable and will not be tolerated.

They need to know what will happen if they break the rules. The concept can be taught in schools so that there is no doubt whatsoever in the minds of our budding offenders that this is what will happen if they break the rules. No ifs, no buts, no soft options.

The Americans brought in the "three strikes, you are out" in several States. They introduced the legislation effective from day one. No pre-warning or chance to think about the results. Shortly thereafter, an offender with two previous convictions was arrested for theft of a slice of pizza. Prison for life.

A quick way to fill prisons with relatively minor offenders for life. Draconian stupidity. It does however, reflect the way the community feels about crime.

Let us keep our prisons for the serious, repeat offenders who in the long run bring misery and stress into our lives.

The legislation should not be an optional course of action at the Court's discretion but one the Court's will impose.

The prisons will have rules given to the inmates upon entry. The rules will be rigidly applied. The idea is that they will find the prison to be fair and absolutely firm in the application of the rules. Ultimately, these prisons are places they will tell their associates they don't want to re-visit.

With the system of never receiving a lesser sentence that the one previously imposed, the penalties will ratchet upward. Basically, if the offender keeps offending, the sentences keep getting tougher until the offender is no longer free to commit crime. Prisons may not work toward rehabilitating offenders but criminals sure as hell can’t commit crimes that affect us, while they are incarcerated.

Remember that we don't want prisons full of long term prisoners. Unfortunately, those that cannot or will not learn that we find their behaviour unacceptable will have to be taken out of circulation until a better system is devised.

It is far cheaper for you, the taxpayer, to have a repeat offender in prison than it is to have them free in society! Why is this? Our Insurance premiums are higher because of crime, there are less hospital beds available as victims of crime are occupying them. We pay 5% more for our groceries to cover shoplifting losses. (The average family pays about $500 per year by way of increased prices to cover the cost of shoplifting).

The prison system itself needs to be re-visited. At the moment the system is theoretically set up to rehabilitate the offender. Is it working? Earlier intervention is needed. By the time the Courts reluctantly send an offender to prison, they are usually so set in their criminal ways that it is a lifestyle. They build friendships, join gangs and plan their next crime. Look at the prisoner released less than two hours a few years back and then being involved in a fatal bank hold-up attempt. Just because the existing prison system has not been effective does not mean that the one suggested here will fail. There are several major differences.

Remember, the system I suggest is one, which is meant to make a criminal dislike it so intensely that they feel the benefits of committing crime are far, outweighed by the penalties.

The prison where first offenders spend their first sentence should be as Spartan and undesirable as possible.

I believe that we need individual cells each containing a basic bed, toilet, shower, desk and wardrobe. Being alone in a cell will give them time to think. As well as that, they cannot make friends or enemies there. Lights out should be 9pm. Each cell should be numbered and the occupant wears a bib bearing that number. They should be called by their number rather than their name. Dale Carnegie said that the sweetest sound was hearing ones name spoken. Let’s take away that sweetness. A simple, cost free measure designed to make them hate the place. Some will say that dehumanises them. How sad – what have they been doing to us? Do they really deserve to be treated as humans? Reluctantly, we have to but let’s not go overboard.

Each morning after breakfast, the inmates should go to their cells and take their meager possessions to their new rostered numbered cell. They would then clean the cell and toilet/shower before inspection. If they refuse, then they should be locked into that cell for 24 hrs. Cell and number changes to happen every day. This is to keep them off balance and severely disliking the place. The more they hate it, the less likely they are to re-offend.

The dining hall should have numbered seats whereby the seating pattern of where an inmate sits changes every day. This minimises the chances of making friends or enemies while in prison.

Clothing should be plain prison issue right down to underwear. No sport shoes, individual clothing, or jewelry.

Two weeks into the sentence arrange for them to attend a video presentation, which lists all the pleasures they miss out on while in prison. Something along the lines of “Do any of you enjoy sports? Not only is there none in here but you can’t even watch it on television.”


Do any of you like driving cars – no cars in here.

Enjoy relationships – not really available in here.

List other subjects such as hanging out with their friends, drinking alcohol, freedom to go where they like, good food, takeaways, cellphones, texting, computers, staying up late. Spell out in plain language just what they miss out on by being in prison and the benefits of being a law-abiding citizen.

Food would be plain simple fare providing sound nutrition. This is not a holiday camp and we do not want them back.

Measures will also be in place to prevent friendships building within the prison and to reprogram thinking towards good behaviour. This is not a place where one can learn from fellow inmates how to burgle, steal and hone up other criminal activities.

Unruly, obstructive or disruptive behaviour will result in the withdrawal of privileges or even a Court hearing with extension of sentences. The message is that crime will not be tolerated. Good behaviour is the expected normal and no parole or reduction of sentence will be considered. If anyone keeps breaking the law then obviously they cannot be allowed free in society.

For those of you who wish to check just how bad some N.Z. criminals are:

Sensible Sentencing Trust criminal histories and photos:


What can you do to help?

Contact Members of Parliament and tell them your thoughts on crime.

Write letters to the Editors.

Join the Sensible Sentencing Trust through this link.

Help fight crime:

Refer our website to your friends via the “Tell a friend” link.

If you agree with our thoughts don’t expect everyone else to do something toward better, effective law and order. Get involved – take part!

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Parole:

Most prisoners are now eligible for parole at 1/3rd of the sentence. Is this reasonable?

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Cost of Prisons:

It costs $72,000 per year to keep a prisoner in the Public system yet only $43,000 for a Private prison?

Read more


Name Suppression

All names of alleged offenders should be suppressed until after conviction and time for an appeal has lapsed.

Read more


Reparation

A Judge in a major trial said he had to consider meaningful reparation

Read more


 

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