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Thursday, November 4, 2010

Crime and Prejudice

What is up with this country and locking people up? We have the second highest incarceration rate (per head of population ) in the OECD. (second to the red necks in the good old US of A). Are we particularly bad or mad? Or is it more to do with our attitude to punishment, lets face it rehabilitation isn’t even in our zip code for discussion when it comes to criminals.

The reason for this outburst is that the news today seems dominated by rampant stupidity surrounding locking people up. We have the case of a guy convicted of manslaughter for the death of a four year old that he beat to death. For which he has served 12 years in jail, the total length of his sentence and is now to be released. The parole board has imposed a further 6 months restrictions on him as they have the power to do but after that he is once again a free man. Foul screams the mob, this guy is a monster and because the parole board has concerns that he may reoffend (presumably he has anger issues as a particular issue with children does not seem to be part of the commentary) we should keep him behind bars forever until the parole board is satisfied he will not offend.

Really? Am I the only one that is slightly perturbed by the idea that people could serve their sentence and then be arbitrarily detained by a committee with no recourse to due process or review? Where do I start with what is potentially wrong with this picture. For one thing presumably all prisoners who are released carry a high risk of reoffending. According to Corrections the recidivism rate after 4 years is 50%. So that is half of them that we shouldn’t let out.

Another burst of stupidity surrounds David Tamihere with calls for him to remain locked up until he reveals the site of Heidi Paakkonen’s grave. There are questions about the safety of this conviction which are not worth going in to but some facts are agreed, Tamihere has always maintained that he didn’t kill Heidi and her boyfriend. This ongoing position has cost him additional years in gaol already, so maybe just maybe he didn’t do it so how is he going to reveal the grave site if he doesn’t know where it is. And if you don’t like that one if he is stubborn enough to maintain his innocence for 22 years and cost himself additional gaol time already I think we are on a loser keeping him locked up.

And if these sort of calls from the mob aren’t enough to make me worry about my civil liberties, how about the government attempting to legislate away your right to silence by extending so called “examination orders” This is the situation where you are minding your own business as an accountant say and suddenly realise that you are doing the books for a dangerous mob boss. The government now wants the power to make you a criminal by extension if you don’t dob in your client, despite the fact that mob bosses don’t deal well (or fairly) with people who do that.

Not to mention additional unnotified surveillance powers etc, and please don’t tell me that you have nothing to fear if you have nothing to hide. Even in little old NZ people have come under surveillance for being members of the communist party or for being part of Halt All Racist Tours, both organisations and most of their activities being perfectly legal (ok so the HART guys stepped over the line sometimes). Neither organisation I support in any way, however I am not a big fan of organised religion and I am a bit concerned about masons and those guys that play with little plastic soldiers are a bit weird. None of which gives me or the government any rights to do anything to them provided they conduct themselves within the laws of the country.

And if they do break a law, just like when I get caught speeding, after they have done the time or paid the fine they should be free to start again.

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