NCJ Number
210908
Journal
Punishment & Society Volume: 7 Issue: 3 Dated: July 2005 Pages: 303-322
Date Published
July 2005
Length
20 pages
Annotation
This article examines penal trends, the origins and development of penal populism, and limits to penal populism in the country of New Zealand.
Abstract
From the late 1980s through the present, there has been a changing framework in which crime and punishment issues have been addressed in New Zealand. From having very little involvement in such matters at the start of this period, penal populism had been able to construct a political consensus around key aspects of crime and punishment, and was a major influence on the redrafting of New Zealand’s sentencing laws in 2002 and the subsequent judicial approaches in sentencing some categories of offenders. The development of penal populism was made possible as a result of four distinct factors, beginning in the mid-1980s, gathering momentum and becoming more clear and defined by the late 1990s. These factors are associated with the disenchantment with the existing democratic process. These factors include: (1) disenchantment with the existing democratic process; (2) crime, insecurity, and social change; (3) victimization and power; and (4) new forms of expertise. It was the coalescence of these four factors that lay behind the emergence and influence of penal populism in New Zealand. However, the control it effectively won over the punishment of violent and sexual adult offenders has been a limited victory. Most sexual and violent offenders will face long and sometimes indefinite prison terms. In contrast, due to the Sentencing Act of 2002, the court must impose the least restrictive outcome that is appropriate and attempt to keep offenders in the community and maintain the safety of the community. The Parole Act of 2002 makes it more difficult for sexual and violent offenders to be released early, but it makes it easier for many other prisoners. There was a growth and influence of victimization groups, resulting in the emergence of a new kind of penal expertise. Notes, references