Thursday, September 20, 2018

Discounting sentences

Judges can discount a prison sentence due to "Maori cultural background and deprivation". In my paper regarding Imprisonment and Family Structure I briefly touched on the possibility (and evidence of) bias working against Maori in the justice system. I do not reject the notion. But this is clearly bias working for Maori. In the case outlined in today's DomPost a Maori female stabbed her partner multiple times. She received a 30% discount on her sentence for cultural reasons. The Crown appealed because it considered the discount too large.

The High Court ruled against the appeal.

"The judge [Justice Whata] noted the disproportionate number of Maori imprisoned and said the effects of colonisation were well-documented."
So it's official. This is what we tell Maori criminals. That at least some part of the blame for their offending is actually the fault of Pakeha ancestors. Who by the way are also their own ancestors.

Here's a thought. The quickest way to reduce the prison population would be to discount sentences up to 100% due to cultural background. Don't laugh. Nothing can be ruled out in this creeping, twisted travesty of apologism.

4 comments:

Kiwiwit said...

Another way of looking at this is to say that the victims of Maori crime are worth 30% less than the victims of any other race. The whole thing is disgraceful and I believe we are reaching the point where race relations are going to become NZ's Brexit or Trump.

Mark Wahlberg said...

From Kiwifirst blog,


http://www.kiwisfirst.com/judge-file-index/high-court-justice-christian-whata/

The Veteran said...

Kiwiwit ... uptick, uptick, uptick. This is all going to end in tears.

Jim Rose said...

Most interesting part of this is the 10% discount for a successful restorative justice session. I loathe this restorative justice; an attempts to cultivate a trauma bond with the offender.

But to stop the rant here, that means if you refuse a restorative justice session with the offender, this some chance he will get a longer sentence.