scholarly journals A kaupapa Māori analysis of the use of Māori cultural identity in the prison system

2021 ◽  
Author(s):  
◽  
Riki Mihaere

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation.   The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research.   The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system.  The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>

2021 ◽  
Author(s):  
◽  
Riki Mihaere

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation.   The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research.   The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system.  The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>


2018 ◽  
Vol 29 (4) ◽  
pp. 348-360 ◽  
Author(s):  
Adele N. Norris ◽  
Kalym Lipsey

The imprisonment rate in New Zealand ranks seventh among the Organisation for Economic Co-operation and Development (OECD). Yet the imprisonment of Indigenous people is on par with the United States, which has the world’s highest incarceration rate. Almost 70% of the prison population in New Zealand is comprised of people racialized as non-White. In 2016, the National Government proposed to spend $2.5 billion over a 5-year period to build new prisons (1,500 prison beds) to accommodate a growing prison population. This study assessed public attitudes toward the need for more prisons and the equity of treatment of individuals within the criminal justice system. Findings from a 2016 and 2017 quantitative survey of 5,000 respondents each year revealed that roughly half of the respondents believed the proposed spending for new prisons to be extremely to somewhat necessary. A large proportion of respondents also believed Māori and Pākehā, if convicted of the same crime, are treated similarly within the criminal justice system. New Zealand scholars have critiqued news media coverage of contentious sociopolitical issues, such as crime and prisons, for employing tactics that have worked to construct a morally and culturally deficit “Other” while normalizing whiteness, rendering it invisible and raceless. This article concludes that this process masks racial disparities of individuals located within the criminal justice system and preserves the ideal that prisons are a normal function of the social landscape.


2021 ◽  
Author(s):  
◽  
Luuk Abernethy

<p>This thesis argues that the design of the built environment of a prison can have a huge impact on lowering recidivism rates of prisoners in New Zealand. It proposes that this can be achieved through the development of a new health model/framework that facilitates positive relationships between families, prison staff and other inmates; supports spiritual, mental and physical health; equips inmates for participation to society upon release; and gives them a sense of identity. It further argues that this framework can then be applied to the design process to create a new precedent for prison design that effectively rehabilitates and reintegrates its inmates into society. The work of key architects, and theorists such as Hohensinn Architektur and Dominique Moran, have been analysed to help translate their successful designs and theories into a New Zealand model of correctional facility.  Prisons are institutions of deprivation and isolation. Marginalised by and separated from community, they are maintained by physical and psychological structures designed only to isolate. Imprisonment results in individuals embittered and hardened by the experience, who are likely to reoffend, and become lifelong participants in the criminal justice system. New Zealand’s prison population has been substantially increasing since the 1980s. The current imprisonment rate per population is the second highest in the Western World, second only to the United States. This increase is due to a combination of changes in political economy, an attitude of exclusion of minority groups by the criminal justice system and a rise in penal populism. New Zealand currently imprisons 212 people for every 100,000, and has a recidivism rate of 50 percent. Māori represent over 50 percent of our prison population, whilst only 15 percent of the overall New Zealand population. These statistics are self-evident; our prisons aren’t working. They are not successfully rehabilitating and reintegrating inmates into society.  This design-led research investigation offers a new process for prison design: one that strives to design for humans, humans of intrinsic moral worth. This is based on the premise that all people are capable of change and improvement; creating impactful change through design to the extremely high recidivism rates of inmates in New Zealand.</p>


2017 ◽  
Vol 3 ◽  
pp. 99
Author(s):  
John Buttle

It is hard to remember a time when New Zealand has not been draconian in its attitudes towards punishment. A national desire seemingly exists for a high level of incarceration whose effect, at the very least, is a systemic and needless waste of human potential. This desire sees a rising number of prisoners locked within a dehumanising and persistently expensive prison system. An effective response to this problem requires that the prevailing ‘populist’ understanding of punishment be abandoned. Ultimately, it will require imagining a society that is without prisons. Prior to that stage being reached, however, an interim strategy of ‘decarceration’ is needed, one which reduces the levels of imprisonment such that the abolition of prisons becomes feasible. This involves the reform of elements within New Zealand’s criminal justice system that proceed incarceration: the police, the courts, and sentencing in particular. Reforming these elements requires a serious engagement with the well-documented racial bias that characterises the operation of those fields.      


2019 ◽  
Vol 16 (3) ◽  
pp. 337-357
Author(s):  
Antje Deckert

A growing body of research investigates women’s experiences within New Zealand’s criminal justice system, and several studies have addressed the misrepresentation of crime’s reality in news media. However, the discriminatory depiction of Indigenous women offenders in New Zealand’s press has yet to receive scholarly attention. Indigeneity and gender are both critical factors because Māori women constitute the fastest growing segment of New Zealand’s prison population, and media discourses help shape public consent to penal policies. To address this research gap, New Zealand newspaper articles featuring women offenders were collected over a 2-year period (2016–2018) and analysed for their use of neutralization and exacerbation techniques. The findings reveal that New Zealand newspapers distort our understanding of who is most affected by the criminal justice system and what crimes Pākehā1 and Māori women typically commit. Most importantly, stories about Pākehā women were more likely to use a favourable tone (56.5%), while stories about Māori women were more likely to take on an unfavourable tone (83.3%). Finally, motherhood, as an additional exacerbating factor, was mentioned nearly twice as often for Māori women. This article adds to the body of knowledge on the portrayal of Māori people in the media, linking it to public consent to governmental policies.


2019 ◽  
Vol 50 (1) ◽  
pp. 107
Author(s):  
Anna Prestidge

This article evaluates whether private prosecutions remain a safe and useful mechanism in the modern New Zealand criminal justice system. Private prosecutions are an important constitutional safeguard against state inertia, incompetence and bias and recent legislative reforms have strengthened the judiciary's ability to ensure this mechanism is not misused. Despite this, concerns remain. This article provides an overview of private prosecutions and justification for their continued existence, outlines the current procedure for those prosecutions and explores remaining concerns with this mechanism. Ultimately, while the status quo of private prosecutions remains adequate, a greater alignment of the theoretical and practical purposes of private prosecutions would be beneficial. Further normalisation and commercialisation of private prosecutions is undesirable and the effectiveness of these prosecutions as a "safeguard" is questionable given the considerable financial and investigative burdens faced by applicants. 


2021 ◽  
Author(s):  
◽  
Luuk Abernethy

<p>This thesis argues that the design of the built environment of a prison can have a huge impact on lowering recidivism rates of prisoners in New Zealand. It proposes that this can be achieved through the development of a new health model/framework that facilitates positive relationships between families, prison staff and other inmates; supports spiritual, mental and physical health; equips inmates for participation to society upon release; and gives them a sense of identity. It further argues that this framework can then be applied to the design process to create a new precedent for prison design that effectively rehabilitates and reintegrates its inmates into society. The work of key architects, and theorists such as Hohensinn Architektur and Dominique Moran, have been analysed to help translate their successful designs and theories into a New Zealand model of correctional facility.  Prisons are institutions of deprivation and isolation. Marginalised by and separated from community, they are maintained by physical and psychological structures designed only to isolate. Imprisonment results in individuals embittered and hardened by the experience, who are likely to reoffend, and become lifelong participants in the criminal justice system. New Zealand’s prison population has been substantially increasing since the 1980s. The current imprisonment rate per population is the second highest in the Western World, second only to the United States. This increase is due to a combination of changes in political economy, an attitude of exclusion of minority groups by the criminal justice system and a rise in penal populism. New Zealand currently imprisons 212 people for every 100,000, and has a recidivism rate of 50 percent. Māori represent over 50 percent of our prison population, whilst only 15 percent of the overall New Zealand population. These statistics are self-evident; our prisons aren’t working. They are not successfully rehabilitating and reintegrating inmates into society.  This design-led research investigation offers a new process for prison design: one that strives to design for humans, humans of intrinsic moral worth. This is based on the premise that all people are capable of change and improvement; creating impactful change through design to the extremely high recidivism rates of inmates in New Zealand.</p>


1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.


2002 ◽  
Vol 75 (4) ◽  
pp. 330-339
Author(s):  
Keith Soothill

Somerset Maugham's writings had huge audiences in the first half of the twentieth century. In much of his work the focus is on people behaving badly. What effect did his work have on his readers? This article examines his short stories, of which approximately one-fifth of the major ones have murder as their theme. Focusing on the murders that Maugham ‘creates’, the claim is that Maugham is subversive, challenging some readily made assumptions. In Maugham's scheme of things, the criminal justice system is usually inappropriate, irrelevant or produces injustice, with ‘rough justice’ usually the best that is on offer. The resourceful can get away with murder. Murder is not the most serious crime for many. Instinct rather than rationality is the best judge. Maugham also emphasises the importance of fate, thus implying we are not in control of our destinies. The article argues that popular authors, such as Maugham, may have contributed much more than is generally recognised to the developing unease about the ‘status quo’ that ultimately led to the landslide victory of the Labour government in 1945.


2021 ◽  
Author(s):  
◽  
Sean J. Mallett

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>


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