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kingdragonfly

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#237648 11-Jun-2018 16:41
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From this lecture, by an law professor from Auckland.

https://www.lawsociety.org.nz/practice-resources/commentary/legislation-and-regulations/Three-Strikes-Five-Years-On.pdf

Rationale: "The Sentencing and Parole Reform Act 2010 amended the Sentencing Act 2002 and the Parole Act 2002 by introducing a 'three strikes' sentencing regime.

The aim of the new law was to significantly increase penalties on certain repeat offenders. But as criminologist James Oleson has pointed out in an article published earlier this year it was not a 'stand alone' legal reform. It was one of a number of statutory changes which gave effect to the 1999 citizen-initiated referendum which advocated a greater focus on the needs of victims, support for minimum sentences and harsher penalties for serious violent offences.

The particular rationale for three strikes was that it would protect the public, deter serious sexual and violent offenders, and improve public confidence in the criminal justice system."

From Stuff

https://www.stuff.co.nz/national/politics/104608068/governments-three-strikes-repeal-killed-by-nz-first

Government's three strikes repeal killed by NZ First
By Laura Walters and Jo Moir

"NZ First is expected to make it clear it won't support a three strikes repeal being considered as part of any wider justice reform after caucus meets on Tuesday.

Justice Minister Andrew Little was forced to backtrack on the proposed repeal that he was planning to take to Cabinet on Monday after NZ First indicated it wouldn't support it.

In a press conference on Monday morning Little tried to leave the door open on three strikes being repealed in the future, saying NZ First didn't support a "piecemeal" approach and wanted to see the total justice reform package.

However, it's understood NZ First MPs have been working on this issue for weeks. The caucus has no plans to budge on its long-held view of being tough on law and order after seeking feedback from its voter base.

...

The three strikes policy was introduced in 2010 and dictates repeat violent offenders will not be eligible for parole after their third offence.

An offender would receive a standard sentence and warning for their first serious offence. The second offence would usually lead to a jail term with no parole and a further warning. On conviction for a third serious offence, the offender would receive the maximum penalty in prison for that offence with no parole.

Forty offences – including murder, manslaughter, sexual violation, abduction, kidnapping and aggravated robbery – count as a strike under the law, pursued by the Act Party in 2010.

So far, no courts had used the full power of the law, to sentence offenders on their third strike to the maximum sentence without the chance of parole."


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MikeAqua
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  #2033754 11-Jun-2018 16:57
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Coalition starting to wobble?  Just before the PM disappears out of the public eye for a few weeks.





Mike


Fred99
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  #2033759 11-Jun-2018 17:24
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Mainly just a cheap trick by a populist in reaction to polls showing his party won't clear the 5% threshold.  He'd have simply weighed the probability of surviving in the coalition being reasonable - against probable defeat if he could be seen to be "soft" on crime.


 
 
 
 


amiga500
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  #2034582 12-Jun-2018 19:17
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I think Labour will be grateful to Winston for scuttling this - of course they will not say so.


Fred99
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  #2034629 12-Jun-2018 21:12
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amiga500:

 

I think Labour will be grateful to Winston for scuttling this - of course they will not say so.

 

 

That's probably true.

 

If labour wanted to end the three strikes law, a bi/multi-partisan approach is needed.
It's hard to think of any issue more at risk from populism/mob rule.

 

 


MikeAqua
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  #2034820 13-Jun-2018 09:18
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Fred99:

 

amiga500:

 

I think Labour will be grateful to Winston for scuttling this - of course they will not say so.

 

 

That's probably true.

 

If labour wanted to end the three strikes law, a bi/multi-partisan approach is needed.
It's hard to think of any issue more at risk from populism/mob rule.

 

 

Interesting to note that the law has only been used once and a handful of people are on their second strike. 

 

Given we already had preventative detention, I never really saw the purpose of the three strikes law.





Mike


Geektastic
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  #2035956 13-Jun-2018 13:49
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Is it optional that courts sentence a third strike offender to no parole, or mandatory?

 

I've no great problem with locking up recidivists to be honest, aside from the cost of doing so. Probably if you do not mind risking more prison time, prison is not unpleasant enough. I do not imagine too many people court further time in Changi or Bangkok prisons...






Wiggum
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  #2035958 13-Jun-2018 13:58
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Geektastic:

 

Is it optional that courts sentence a third strike offender to no parole, or mandatory?

 

I've no great problem with locking up recidivists to be honest, aside from the cost of doing so. Probably if you do not mind risking more prison time, prison is not unpleasant enough. I do not imagine too many people court further time in Changi or Bangkok prisons...

 

 

Problem here is Labour is planning on softening our bail and sentencing laws. All to meet their targets of reducing our prison populations. Honestly I dont see the point of all these new police etc if we not going to increase prison space? more police = more arrests = more people in prisons.

 

 

 

 

 

 


 
 
 
 


kingdragonfly

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  #2035959 13-Jun-2018 14:01
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It looks like it's mandatory, but "no courts had used the full power of the law, to sentence offenders on their third strike to the maximum sentence without the chance of parole."

I find it odd that burglary is not one of the three-strikes law. It's ridiculous how many times some people get convicted.



https://www.stuff.co.nz/national/crime/85186022/not-one-burglar-gets-maximum-jail-time-and-most-get-none-at-all-ministry-figures-show

Not one burglar gets maximum jail time, and most get none at all, ministry figures show
John Weekes

"Not one person convicted of burglary or aggravated burglary has received the maximum penalty for the crimes in recent years.

And in most cases in which burglary was the most serious charge a person faced, jail sentences were avoided.

Data released under the Official Information Act comes at a time of heightened pressures on police to attend every burglary.

The maximum jail term for burglary is 10 years. For aggravated burglary, it is 14 years.

Despite more than 11,000 convictions for both offences, nobody for at least the past four years has received the maximum penalty."

Pumpedd
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  #2035982 13-Jun-2018 15:15
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3 strikes was brought in after years of petitions and marches by NZers demanding higher sentences for certain types of crimes.

 

This was a very popular policy at the time and is very abstract of Labour to try and abolish it. NZers generally want to see our violent offenders behind bars and not be on the streets.


amiga500
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  #2036127 13-Jun-2018 19:41
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Repealing this law is about as popular as introducing a new tax on each kid who plays netball and rugby on Saturday mornings. Poor old Andrew - he has good intentions but really?


rugrat
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  #2036303 14-Jun-2018 02:06
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I prefer Labour to National in general, but sometimes they seem to be clueless.

I believe Winston has done Labour a favour, as if they start doing stupid things I will be forced to vote against them even though in the employment policies I prefer there ones.

Andrew Little is still hoping to bring it in, thinking can soften Winston up.
Also they seem to think more police will be less people in prison, so in their eyes the criminal would be sees more police, so they decide not to be a criminal. I find that hard to believe.

They’ll just have to build more prisons, try to do things that make it less likely for someone to go into crime, and help the ones that can be turned around.
Someone that does thousands of burgeries a year needs to be kept off the street, they’ll cost society more then keeping them in prison.

If it’s not being used much, what’s the harm in keeping it, how often is the anti smacking law used?

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