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It didn’t
stop there. On the same day the report
was launched, the Minister of Corrections issued her own media statement,
promoting the effectiveness of in-prison rehabilitation. At the launch, Professor Warren Brookbanks, announced to those at the book launch, "I intend to use this report as a text for my University course. It is outstanding."
The launch itself was a great
night, with about 230 (mostly) young people in attendance, and invited guests
including MP’s and aspiring MP’s, criminal justice professionals , lawyers and
Auckland dignitaries.
I reported on the event in Rethinking’s latest newsletter, and commented on the current climate for debating law and order issues;
I reported on the event in Rethinking’s latest newsletter, and commented on the current climate for debating law and order issues;
It's a different
debate than that of a decade ago, when the discussion was dominated by the
'tough on crime' polemic that labelled disputants as “soft lefties”, ''liberal
loonies', and the such. …….It is not
only prisons that have been unlocked, but ideas; and those ideas are generating a new wave of
discussion………What has happened? It is clear that when the public mood shifted away from the 'tough on crime'
rhetoric, something else had to replace it. More and more, the debate has
centred around a different question “Is what we are doing working?” This is not
just a discussion for elitist academics or criminal justice professionals – the
wider community has a stake in the outcome – and more people are having their
say. As that discussion occurs, the gap
between competing opinions has closed – we discover things we can agree on,
rather than focus on the things that set us apart.
The media
reflected that perspective. They spoke
to a number of different people, all
with a different perspective, and left
listeners with something to think about.
That was a rarity ten years ago. The
public debate is maturing, and growing in depth and insight.
Enter Seven Sharp – “Let’s Do the Time Warp Again’
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjlSMa2wqVw02EeuKWEub7JIvRUIY10CUQgpZ1elc_qk18fgpat4GRuJ3tjlF-PcQOERhIp5-cW0Aehxm_TBkUe7weMCiuKGCDmSW8d2JOurpJvcmgn6a5TPe3p_9OS9XWZ9agKfFlP01jq/s1600/04+Time+warp.png)
As I listened to Mike
Hosking expound his views, the words from
a Rocky Horror Show song came flooding back.
In another dimension
With voyeuristic intention.
Well secluded I see all...
(Chorus) Let's do the Time Warp again.
Let's do the Time Warp again.
With voyeuristic intention.
Well secluded I see all...
(Chorus) Let's do the Time Warp again.
Let's do the Time Warp again.
‘The Time Warp’ Words by Richard O'Brien
More Imprisonment - Less Crime
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgTMD6L1_3l7yWCm5u3Rgm8IyHsukirmnFi0Ot2DoI0Pb45L6Dh2-vSq0Un6OUJg7gELMxoWvVAENGeKi4GkpvOht_Y-DCGNm5ai_iPklyld2YFUAu183ClVrFwiUZJmRDIP_UUN_r31_87/s1600/Mike+Hosking.png)
The Public Desire to Put People in Prison
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjB_7ozlgKi7EpiHIcCH71vO_fgHNaXFOlV5g1Ee_b-TilQm_0p4xvUskTwArLk1tJb4ah-d_mWwPVCyNykSOk1c1_4Exl3z2YyCX5qlFeFlrZdTBLFyiCkNWoVuPjDEgKXXfeXJnaWrIKD/s1600/06+Prisoner.jpg)
This was the sort of
interview that dominated the airwaves 10 years ago –Mike Hosking was clearly functioning
within a time warp. How disappointing that
an opportunity to explore new ideas was hijacked, by an interviewer who sounded as though he had
come fresh from talkback. I am sure that
some listeners would believe that his views are empirically sound, and
supported by research. As a result, viewers were left with two
ideas which are demonstrably wrong.
ideas which are demonstrably wrong.
Not only are they
wrong, but most of the world have accepted they are wrong, including the
conservative right. In the USA, the
conservative justice reform think tank
Right on Crime has come out swinging on both issues. Let’s take a closer look.
The Correlation between the Crime Rate and the
Imprisonment Rate
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjtS9ziTwA1yX0JHvIYG2YgiofbX6VSRrPwo7u6C_qGBEN9zuLMGMTPXTr0JvYpyjd5NNHWWaPllRTf5L-2ca2Azzr95kgHwB40L747IWUPxLgEChvYJCupecsaMJIkiZrbN1-beryBweSU/s1600/05+Graph.png)
There is no correlation anywhere in the world between the imprisonment rate and the crime rate. The imprisonment rate is not a measure of crime. It's a measure of the consumption of punishment.
According to a recent UK National Audit OfficeReport;(1) report countries fall into four categories:
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJTQjiIw8S-YdAB-C8XeVD-ggpkI2SBhNaVExBAf-o7knWlqBK9z7ji8PFAr79aaxVtGcpoGE2RECoMPDiII2xgSv4IIcbb0kvWFpXDNWi8gUijBgsX57CJ-JBrftu1i0FcYkkB9hqUtPw/s1600/07++UK+Audit+Office.jpg)
·
Countries where crime has increased, as the prison
population has increased: the Republic of Ireland and New Zealand;
·
States where crime has gone down as the
incarceration rate has gone down: the Netherlands and California; and
·
Finland, where crime is up but the incarceration
rate is down.
Perhaps the clearest
examples are nations that share a similar crime rate but have significant
differences in imprisonment levels. In North America, both the USA and Canada
have had a falling crime rate for the last twenty years. The USA has an imprisonment rate of 715 per
100,000, and Canada is currently at 111 per 100,000, just under a sixth of the
US rate. (2)
The Right on Crime movement in an article ‘Prison Reform a Smart Way for States to save Money and Lives’, gives
lie to the idea that an increase in imprisonment results in a reduced
crime rate.
“Some people attribute the nation's recent drop in
crime to more people being locked up. But the facts show otherwise. While
crime fell in nearly every state over the past seven
years, some of those with the largest
reductions in crime have also lowered their prison population. Compare Florida
and New York. Over the past seven years, Florida's incarceration rate has
increased 16 percent, while New York's decreased 16 percent. Yet the crime rate
in New York has fallen twice as much as Florida's. Put another way, although
New York spent less on its prisons, it delivered better public safety.”
Closer to home,
the NSW imprisonment rate is virtually double that of Victoria (204/100,000 of
population, compared with 104/100,000 of population) The NSW Bureau of CrimeStatistics and Research.(3)
attributes the higher NSW imprisonment rate to four
factors:
- A higher court appearance rate (3196.8/100,000 pop. compared with 2,542.1 per 100,000 pop. in Victoria
- A higher likelihood of conviction (85.7%, compared with 79% in Victoria),
- Greater use of imprisonment (7.5% of convicted offenders sent to prison, compared with 5.4% in Victoria) and;
- A much higher rate of remand (47.3 per 100,000 pop on remand, compared with 19.3 per 100,000 pop. in Victoria).
The crime rate remained
relatively static until 1950, when the crime rate began to rise, as did the
imprisonment rate. That continued for 40
years until 1990, when New Zealand and similar western nations experienced a steady decline
in the crime rate . In New Zealand
however, the imprisonment rate continued to rise. The 2012 UK National Audit Office
in its comparative study of nations,
concluded that with the exception of the US, New Zealand compared unfavourably with similar nations,
for the following reasons;
·
We imprison offenders at a rate 25% higher than
England and Wales, and 33% higher than Australia.
·
In NZ, between 2005 and 2009, and in the face of
a stable crime rate, the rate of imprisonment rose by 15%, while the % rate
of people sent to prison increased by 25%,
·
Offenders were sent to prison for very short
sentences. Currently, 70% of all offenders in prison will be out in six months.
·
We remand offenders in custody at a rate of 43
per 100,000, compared to 30 per 100,000 in Australia, and 25 per 100,000 in the
UK.
·
Māori are 6 times more likely to be imprisoned than
non-Māori, and 11 times more likely to be remanded in custody.
·
We imprison people of ethnicity more
disproportionately than almost anywhere in the world.
Interestingly, there is
a correlation between a rising crime rate and policing levels. Since the 1950’s, the per capita number of
sworn Police has more than doubled. More Police, more reported crime. But the media don’t seem too keen to talk
about that. Incidentally, the sudden
rise in Police numbers in 1992, was the result of merging the Department of
Transport traffic officers into the Police.
Want the latest word? Here’s the Conservatives again. On June 20, In their co-authored article for Washington Post, Right on
Crime signatories Ken Cuccinelli and Deborah Daniels discussed how less incarceration could lead to less crime, and an increase in public safety.
“As conservatives with backgrounds in law enforcement, we embraced the orthodoxy that more incarceration invariably meant less crime, no matter the offense or the danger posed by its perpetrator. But crime rates have been falling since the early 1990s, and a growing body of research combined with the compelling results of reforms in many states prove it is time to adjust our approach.”
“As conservatives with backgrounds in law enforcement, we embraced the orthodoxy that more incarceration invariably meant less crime, no matter the offense or the danger posed by its perpetrator. But crime rates have been falling since the early 1990s, and a growing body of research combined with the compelling results of reforms in many states prove it is time to adjust our approach.”
Hardly consistent with a ‘tough on crime’
approach; but certainly qualifies as being ‘Smart on Crime’
The Public
Desire to Lock People Up
Mike Hosking’s second idea was that there
was a widespread public appetite for imprisonment and harsh punishment. That view is not supported by the evidence
(although there is not much of it). A 2013 ColmarBrunton Survey, commissioned by the Ministry of Justice into Public Perceptions
of Crime , showed that only 5% of respondents agreed that prisons deterred people from
committing crime, with the same number advocating for harsher treatment, mostly
in the form of longer sentences. Only 6% considered that increasing
rehabilitation in prisons would increase their confidence in the justice
system, while twice that number (11%) favoured community based rehabilitation.
The public taste for punishment is waning.
In
the US, the story is much the same. ThePew Centre has conducted a number of public safety surveys over recent years, and noted a
significant shift in public response.
In
summary:
- Voters are concerned first and foremost with keeping communities and people safe.
- Voters want a strong public safety system where criminals are held accountable and there are consequences for illegal activities.
- Voters believe a strong public safety system is possible while reducing the size and cost of the prison system.
What was happening a decade
ago?
If Mike Hosking had made his observations a
decade ago, he would have been in touch with public opinion. There was an
almost insatiable appetite for punishment – and the media played a major role
in promoting that view. As Anthony
Giddens reminds us, it is a characteristic of late modern
society that most people get most of their information about law and order
issues from the mass media, and particularly from talkback and television.(6)
The
influence of the media in shaping public opinion was affected by the changes to the structure of the media that
have taken place since the late 1980s. First, there was the arrival of private
and satellite television, made possible by the deregulation of state
broadcasting. Second, the development of new media technologies has meant that
news reporting has become more simplified, more competitive and more readily
available. We now have twenty-four hours-a-day news services that require a constant supply of material.(7)
This means that while
viewers have become more aware of crime and punishment issues, their framework of understanding has been shaped by the
media. When Seven Sharp makes
‘authoritative’ statements about prisons, punishment and public opinion – the
public takes them at face value.
The formation of the
Sensible Sentencing Trust in 2000, and its eagerness to court the mass media to gain support for
its policies, gave the Trust a significant voice in penal policymaking. It also become an attractive source for the
media; no in-depth research was needed to generate ‘screaming
headlines’ which sold media products. Because
of the Trust’s pro-active relationship with the media, it quickly became a common source of ‘expert’ opinion, despite
its own denunciation of expert knowledge. In effect, the Trust and its
spokespeople became new kinds of experts, whose knowledge was based not on book
learning and research, but on anecdote, common sense, slogans and catchy ‘headliners’: a form of expertise that
suited the news making requirements of
the contemporary media.(8) In contrast, criminal justice
professionals and elites who are highly knowledgeable in this area were
overlooked as they did not offer the populist attitudes the media sought for a
personal and ‘newsworthy’ story.
How much influence did
Sensible Sentencing exercise in 2004? A
Victoria University survey of criminal justice groups mentioned by the
Dominion Post and the NZ Herald in 2004 found that the highest number of
mentions went to the Sensible Sentencing Trust at 57, with Victim Support trailing well behind at 33; even
though Victim Support had a great deal
of expertise and knowledge around support for victims, and dealt with 60,000
victims a year, compared to the Sensible Sentencing Trust’s 100 or so murder
victims. Prisoners Aid and
Rehabilitation were mentioned 14 times, Howard League 10, and Rape Crisis five
times. (8)
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhqPsC8YL8g9XXhBOj6-6YGf4kjHeWPzyS7hV4_ouNEcbE544siTTpohTkP7ysYP0TT-nZ1cUkqHbY_7oPWNF19O94n1zD7YN5RwuJEpGz_emjn6rdQC2U5ZoCFGg2tWoXYGbZOY-pxRCli/s1600/Don+Brash.png)
By 2006, the high prison numbers achieved by the
‘tough on crime’ rhetoric was
celebrated by the Labour Government in parliamentary debates as proof
that it had satisfied public expectations to ‘get tough’ on violent
offenders. However, as the prisons
became overcrowded and their management untenable, public opinion started to
shift.
One particular critic, Judge
McElrea , had the following to say about
the administration of penal policy in New Zealand:
For too long justice has
suffered from a sort of auction to find the “toughest” approach to criminals.
It has failed to make New Zealand safer: to the contrary it has produced more
prisons from which more and more inmates emerge as dangers to the community.
Responsible segments of the community must let politicians and the media know that
they do not find this conduct acceptable.(11)
Similarly, an authoritative
report published by the Salvation Army in
the same year spoke of the tendency of New Zealand politicians to use ‘crime as
a political football’:
Good prison policy requires
rationality, not rhetoric … Certainly democracy requires debate about justice
issues, but this debate needs to be based on evidence and research, not one off
criminal cases or distortions of the facts … we need politicians who will show leadership
and resist the temptation to buy into popular, but
failed, views.(12)
This coincided with
increasingly vocal opposition to the growth of imprisonment from penal reform
groups, particularly Prison Fellowship New Zealand (PFNZ, which become an increasingly important player in
policy debate. Annually from 2006 to 2008, PFNZ organised a ‘Beyond
Retribution’ conference where academics, politicians, volunteers and all those
interested in penal policy in New Zealand openly debated penal policy. This
gathering of ideas provided an umbrella under which diverse critics of
populism gathered and highlighted the dramatic change in direction penal policy
had taken in New Zealand. Collaboration was taking place, as critics of penal
populism hoped to change the direction of penal reform. These groups encouraged
politicians to resist penal populism through the use of informed debate. The
‘tough on crime’ environment that had become so engrained in popular rhetoric
was being resisted and a new and informed body of knowledge was beginning to
emerge.(13)
Howeever, and because of the capability of
the media to galvanize public opinion, the government remained very much a
hostage to its fortune as it tried to change course and move away from populist
influences. As Ombudsman Mel Smith observed
in 2007, the political climate in New
Zealand was making change increasingly difficult:
“Criminal
justice has unfortunately reached the stage where rational debate is difficult.
When an incident occurs the responses from the public, politicians and the
media tend to polarize. The almost inevitable response of “let’s pass or amend
the law” is often a fruitless reaction that is piecemeal and probably not effective
… The maxim “hard cases make bad law” is particularly appropriate.”(14)
While the Labour government attempted to reconstruct penal policy through its Effective Interventions strategy ,
which would have seen a reduction in crime, reoffending, and imprisonment, it
was too weak to stay committed to the interventions and resist public pressures
for change. It yielded to populist demands, changing laws based on the strength
of extraordinary cases to prove it was once again in line with public sentiment
and mood.(15)
Fast-tracking to 2014
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj3Gk_GggA4OEJVcmdKQUsmmBjjISxQCSQa3OOavYYBRC2u0kyR1lZ0hu7-9YoH8rKXr6hmlklTIVJO0drA3viAjAtpCgRciOPpuF6OnJCKP_ITmzhn7oXuyEBtN3xv31U0XMVV6RrVr6Lx/s1600/14+Bill+English.png)
“This
report rejects the
political clamour to be the toughest on crime, instead it embraces a resolve to
be smart on crime.”
Second, the
government’s Better Public Service Reducing Crime and Reoffending Plan has activated alternative strategies to imprisonment; the establishment of a
prisoner reintegration framework, strategies for dealing with low level
offenders, an expansion of restorative practise, establishment of Rangatahi
courts for young Māori offenders, and drug and alcohol courts for those with
dependency issues are just a few examples that have contributed to the shift in
public thinking.
Continuing
discussion has increased general awareness of the futility of prisons –and that there is no evidence that they act as a
general deterrence, or reduce reoffending. They are one of the causes of crime.
What is
the situation today? The Sensible
Sentencing Trust still outdoes any other contender in the publicity stakes; but
there is now a greater number of groups and individuals entering into a more
balanced and wider ranging discussion.
Media and blogs are no longer interested in the “tough on crime”
diatribe. They want to discuss the
issues in depth. The quality law and
order conversations on blogs, Facebook, social media and Television weren’t
happening 10 years ago. Programmes like
Native Affairs, Court Report, Q and A, and Thinktank, have taken the debate to
a whole new level. Rethinking has a
speakers bureau of 35 experts and professionals , who engage with the public
and service organisation on issues such as
prison, child conduct disorder, drug and alcohol use, Māori over-representation,
community based sentencing, youth offending, restorative justice and so on.
John
Pratt sums up the situation well:
…… the punitive
path that has been taken since the late 1990s is no longer a simple one-way
street. Blocks, impediments and challenges have been introduced in recent
years. Some sections of the New Zealand media have reported responsibly on what
they have seen developing in the penal system. The New Zealand Herald, for example, ran a series, beginning 25
February 2006, under the heading ‘Our Idle Jails’. There were articles on poor
prison conditions, lack of work and education for prisoners and a concluding
editorial headed ‘Rethink on Failed Jail Policy Vital’. Work
reflecting high levels of investigative journalism in this area is still
produced, for example, Kirsty Johnston’s ‘Does Sentencing Trust Cross a Line?’,
in the Sunday Star Times. Radio New
Zealand can still provide in-depth analysis and informative issues on some of
its programmes. New initiatives have emerged that provide informed perspectives
on the punitive, populist influences on policy in this area – Rethinking Crime and Punishment and JustSpeak, for example. (16)
How
has this shift played out for those promoting a more reasoned approach? Well, judging by the media feedback to the ‘Unlocking
Prisons’ report, a change has occurred. The
Gisborne Herald led with an editorial ‘Unlocking Prisons a must-read
for everyone involved in the justice system summarising some key points, and commending the report to readers. A far cry from Heather du Heather du
Plessis-Allan’s patronising throwaway, that the report contained ‘nothing new’,
or Mike Hoskings comment that “Altruism is all very well, but……”
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmt_6mJHBYcpKWkleiqbBj6IHLrwUq_Y5OynsA477bqX4FKIexovL8BuLdBataRHqlGLHjMZGpFbX10da8cj9D0f30YkMGGXpd9IrKfdkO5vJBhn2xy4SYO2megjG_HtgdeirVWpMMOroH/s1600/Heather+de+Plessis-Allan.png)
The only response to the editorial, was a letter starting with the paragraph;
“Garth McVicar and his band of overzealous bigots are by far and away one of the major problems New Zealand has as far as our prison population is concerned."
Not an editorial or a response that was common in 2004,
Rethinking Crime and Punishment position is is clear. It is in the business of informing citizens, the mass media, practitioners, policy-makers and politicians about what works in reducing crime. In the process it highlight the flaws in quick and dirty research, identifies populist measures that have no evidential basis, and identify approaches that will get better results.
In the words of Abraham Lincoln:
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmt_6mJHBYcpKWkleiqbBj6IHLrwUq_Y5OynsA477bqX4FKIexovL8BuLdBataRHqlGLHjMZGpFbX10da8cj9D0f30YkMGGXpd9IrKfdkO5vJBhn2xy4SYO2megjG_HtgdeirVWpMMOroH/s1600/Heather+de+Plessis-Allan.png)
The only response to the editorial, was a letter starting with the paragraph;
“Garth McVicar and his band of overzealous bigots are by far and away one of the major problems New Zealand has as far as our prison population is concerned."
Not an editorial or a response that was common in 2004,
Rethinking Crime and Punishment position is is clear. It is in the business of informing citizens, the mass media, practitioners, policy-makers and politicians about what works in reducing crime. In the process it highlight the flaws in quick and dirty research, identifies populist measures that have no evidential basis, and identify approaches that will get better results.
Informed public opinion encourages truth
telling and honesty. That can work to
the disadvantage of anyone who makes claims unsupported by evidence. Seven Sharp, it’s time to move out of the
2004 time warp, and show the viewing public more respect.
In the words of Abraham Lincoln:
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiozLrAGppLeLZqqpp8L19L-8LbdkMuauS2ntPIktv4Tb1NHy30SUi4hhLxf0HngGlA7ompYygACTsqqSY9iPqkX-titBAcJJ3HGAJqcJBTS_koOjLHwQkqPc91SpzwsTquZRyKepuo9Pv9/s1600/Abraham+Lincoln.png)
References
(1) UK
National Audit Office ‘Comparing Internal Criminal
Justice Systems’, Briefing for the House of Commons Justice
Committee, February 2012
(2) Zimring,
Franklin E. ‘The Great American Crime
Decline’ Oxford University Press (2006)
(3) Why does NSW have a
higher imprisonment rate than Victoria? Crime and Justice Bulletin, Bureau of Crime Statistics and Research. Contemporary Issues in Crime and Justice
Number 145 , December 2010
(4)
‘Public
perceptions of Crime’ A Survey Report,
prepared by Colmar Brunton for the Ministry of Justice , October 2013
(5) Bartlett,
Tess, The Power of Penal
Populism: Public Influences on Penal and Sentencing Policy from 1999 to 2008 pp
49-50. A thesis
submitted to the Victoria University of Wellington in Fulfilment of the
Requirements for the Degree of Master of Arts in Criminology (2009)
(6) Giddens,
Anthony, ‘The Consequences of Modernity’, Stanford CA, Stanford University
Press (1990)
(7) Pratt,
John, A Punitive Society: Falling Crime and Rising Imprisonment in New Zealand,
Bridget William Books (2013)
http://www.bwb.co.nz/books/punitive-society
(8) Bartlett,
Tess, p.49
(9) Brash,
D. (2004). Law and order a national priority, An
address to the Sensible Sentencing Trust.
Ellerslie
(10)
Bartlett, T. p.53
(11)McElrea,
F. (2006). Restorative justice: The long view. In K. Workman (Ed.), Conference
proceedings of 'beyond retribution: Advancing the law and order debate' (pp.
171178).Wellington: Prison Fellowship New Zealand. pp 175=176
(12)
Salvation Army
(2006). Beyond the holding tank: Pathways
to rehabilitative and restorative prison policy. Wellington, N.Z.: Author. Retrieved 25 Mar, 2009, p.72 http://www.salvationarmy.org.nz/uploads/BeyondTheHoldingTank.pdf
(13)
Pratt, p.72
(14)
Smith, M.
(2007). Report of Mel Smith, Ombudsman,
following a reference by the Prime Minister under section 13(5) of the Ombudsmen
Act 1975, for an investigation into issues involving the criminal justice
sector. Wellington, N.Z.: Office of the
Ombudsmen. Retrieved 25 Mar, 2009, from http://www.ombudsmen.parliament.nz/cms/imagelibrary/100258.pdf
(15)
Bartlett,
p.94
(16)
Pratt, p. 54
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