Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


Geektastic

17927 posts

Uber Geek

Trusted
Lifetime subscriber

#151376 23-Aug-2014 11:15
Send private message

I was reading an article which directed me to the MoJ website where I learned that there is no basic right of compensation in NZ for being wrongfully convicted and imprisoned.

This seems contrary to the much-vaunted Kiwi notion of fairness, as well as to pretty much any definition of natural justice etc I can think of.

Is there a reason for what appears to be a fundamental omission? It may be cultural/historic and not having grown up here I just may be unaware, which is why I ask.

I'm all for locking up crims and throwing away the key - but if a mistake is made, it does not seem right that someone might be deprived of liberty, employment, family life and so on for a period of years - or even decades - without being entitled fundamentally to financial redress.





View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3 | 4 | 5 | 6
Zippity
683 posts

Ultimate Geek


  #1113962 23-Aug-2014 11:17
Send private message

Any examples in mind?

 
 
 

Trade NZ and US shares and funds with Sharesies (affiliate link).
Geektastic

17927 posts

Uber Geek

Trusted
Lifetime subscriber

  #1113963 23-Aug-2014 11:21
Send private message

Zippity: Any examples in mind?


No because if I give any, it will colour the discussion.

I don't think there is a need for any, particularly - it's a discussion of principles. Is it right or wrong someone can be wrongfully jailed and left penniless on their eventual release?





NZtechfreak
4649 posts

Uber Geek

Trusted

  #1113979 23-Aug-2014 11:24
Send private message

Interesting. In the case of wrongful imprisonment or other miscarriages of justice that penalise people inappropriately I don't think anyone should contend that there shouldn't be compensation.




Twitter: @nztechfreak
Blogs: HeadphoNZ.org




vexxxboy
4229 posts

Uber Geek


  #1113980 23-Aug-2014 11:27
Send private message

i cant think of many cases where compensation hasnt been paid for wrongful imprisonment. 




Common sense is not as common as you think.


nickb800
2715 posts

Uber Geek

Trusted

  #1113982 23-Aug-2014 11:36
Send private message

It might not be automatic and formulaic, but there are cabinet guidelines and it does happen. If you are thinking about the example that I think you are thinking about, then that is an excellent example of why the process isn't automatic - there is often a chasm between guilty beyond reasonable doubt and innocent without reasonable doubt

Geektastic

17927 posts

Uber Geek

Trusted
Lifetime subscriber

  #1114001 23-Aug-2014 12:20
Send private message

But wrongful imprisonment is just that. Wrongful. How can a person not be entitled to some form of even basic compensation as a matter of right? Even minimum wage earnings for the years in jail, say?





MikeB4
18435 posts

Uber Geek

ID Verified
Trusted

  #1114020 23-Aug-2014 12:39
Send private message

Geektastic: But wrongful imprisonment is just that. Wrongful. How can a person not be entitled to some form of even basic compensation as a matter of right? Even minimum wage earnings for the years in jail, say?


I agree, if the system has screwed up then payment should be forth coming,their legal costs should be fully met plus compensation for loss of earnings etc based on their earnings at the time of arrest. 



mattwnz
20003 posts

Uber Geek


  #1114050 23-Aug-2014 13:09
Send private message

Geektastic: But wrongful imprisonment is just that. Wrongful. How can a person not be entitled to some form of even basic compensation as a matter of right? Even minimum wage earnings for the years in jail, say?


I don't think there is in the USA either. But in NZ several people who have proven that they were innocent have got compensation in the past. It just may not  be written into legislation.  But even if that is the case people can still take it further, and they have.

Coil
6614 posts

Uber Geek
Inactive user


  #1114054 23-Aug-2014 13:17
Send private message

Zippity: Any examples in mind?

 

 

 

David Bain?

loceff13
1054 posts

Uber Geek


  #1114060 23-Aug-2014 13:38
Send private message

TimA:
Zippity: Any examples in mind?
  David Bain?


He has put his request for compensation on hold, it's probably not going to be revisited until next year.

SpookyAwol
626 posts

Ultimate Geek


  #1114091 23-Aug-2014 14:41
Send private message

Arthur Allan Thomas?
You are incorrect in your assumption there isnt compensation - however there is always fine print as in David Bains case

Fred99
13684 posts

Uber Geek


  #1114187 23-Aug-2014 19:30
Send private message

SpookyAwol: Arthur Allan Thomas?
You are incorrect in your assumption there isnt compensation - however there is always fine print as in David Bains case


They should get rid of the fine print IMO.  In my opinion, Bain is probably guilty, however he has been acquitted - and is a free man (who has lost 13 years of his life) and should be compensated, regardless of public (or political) opinion. 
Unlikely - but being banged up for an extended period when innocent does happen.  It could happen to any of us.

jjnz1
1355 posts

Uber Geek

Lifetime subscriber

  #1114221 23-Aug-2014 21:51
Send private message

I think if your peers convict you, then it is no mistake, you just have a crap lawyer.

If the Police or other authority fraudulently provide incorrect evidence, then there should be options for suing said authority, not the Government directly.

Ie if the Police fake evidence, then they should be sued with the cost coming out of their budget. IMO it shouldn't be written into law, just use the law that is there already.

tardtasticx
3072 posts

Uber Geek


  #1114250 23-Aug-2014 22:22
Send private message

I think there should be some form of compensation yeh, but it would have to depend on what the person done prior to being wrongfully convicted. If they had been on the bennie for 5 years, then nothing. If they worked as a cashier at CountDown, pay them the wage they were on as if they worked a full 40hr week. Obviously maybe something extra thrown in since they lost all weekends and time with family and stuff.

But if someone gets thrown in jail, they obviously won't be making mortgage or credit card payments. They'll probably default on all of those and have their credit history destroyed by it. They'd have lost their home and everything. Then again I'm not entirely sure how that works if you're in jail since you're not intentionally avoiding payments.

tardtasticx
3072 posts

Uber Geek


  #1114251 23-Aug-2014 22:22
Send private message

I think there should be some form of compensation yeh, but it would have to depend on what the person done prior to being wrongfully convicted. If they had been on the bennie for 5 years, then nothing. If they worked as a cashier at CountDown, pay them the wage they were on as if they worked a full 40hr week. Obviously maybe something extra thrown in since they lost all weekends and time with family and stuff.

But if someone gets thrown in jail, they obviously won't be making mortgage or credit card payments. They'll probably default on all of those and have their credit history destroyed by it. They'd have lost their home and everything. Then again I'm not entirely sure how that works if you're in jail since you're not intentionally avoiding payments.

 1 | 2 | 3 | 4 | 5 | 6
View this topic in a long page with up to 500 replies per page Create new topic





News and reviews »

Synology DS925+ Review
Posted 23-Apr-2025 15:00


Synology Announces DiskStation DS925+ and DX525 Expansion Unit
Posted 23-Apr-2025 10:34


JBL Tour Pro 3 Review
Posted 22-Apr-2025 16:56


Samsung 9100 Pro NVMe SSD Review
Posted 11-Apr-2025 13:11


Motorola Announces New Mid-tier Phones moto g05 and g15
Posted 4-Apr-2025 00:00


SoftMaker Releases Free PDF editor FreePDF 2025
Posted 3-Apr-2025 15:26


Moto G85 5G Review
Posted 30-Mar-2025 11:53


Ring Launches New AI-Powered Smart Video Search
Posted 27-Mar-2025 16:30


OPPO RENO13 Series Launches in New Zealand
Posted 27-Mar-2025 05:00


Sony Electronics Announces the WF-C710N Truly Wireless Noise Cancelling Earbuds
Posted 26-Mar-2025 20:37


New Harman Kardon Portable Home Speakers Bring Performance and Looks Together
Posted 26-Mar-2025 20:30


Data Insight Launches The Data Academy
Posted 26-Mar-2025 20:21


Oclean AirPump A10 Portable Water Flosser Wins iF Design Award 2025
Posted 20-Mar-2025 12:05


OPPO Find X8 Pro Review
Posted 14-Mar-2025 14:59


Samsung Galaxy Ring Now Available in New Zealand
Posted 14-Mar-2025 13:52









Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.







GoodSync is the easiest file sync and backup for Windows and Mac