Tag Archives: Maori

Who Are the Victims?

Kim Workman

When Verna McFelin founded Pillars over 25 years ago, no one recognised that the children of prisoners were victims of crime – ten times more likely to end up in prison, than the children of non-prisoners. Social services made no special provision for the children, who today number around 23,000. Verna changed that conversation through her advocacy for the rights of children, and developing best practice to prevent inter-generational offending.

…Last week, 700 people met to discuss criminal justice reform. Public servants, criminal justice professionals, gang members, victims, ex-prisoners, police and corrections officials, academics and politicians. The discussions were diverse, and covered a range of perspectives. But when Jayne Crothall whose daughter was murdered in 1993 took the floor it became instant headlines. It was a heart-rending story of brutality. In her view, victims had been ‘frozen out’ of the Summit. The media made headlines of her concerns, but in doing so failed to inform the public that three of the Justice Minister’s Justice Advisory Group had a special expertise in victims’ interests, that a special session on victim’s issues had been facilitated by the Chief Victim’s Adviser Dr Kim McGregor at the Summit, and that two teenagers had testified about the impact of domestic violence on their mother. In addition, every prisoner who spoke, described horrendous physical and sexual abuse suffered as children.

When Jayne’s comments were reinforced by National’s Justice spokesperson Mark Mitchell, news release, who claimed that “Andrew Little’s attitude showed he was firmly on the side of offenders and didn’t want to know about victims of crime,” it was game over. As they say in the media, ‘what bleeds, leads”. There was no mention in the media that Jayne had met with her daughter’s murderer to help him through his healing journey. That part of the story didn’t fit their purpose.

I don’t blame Mark Mitchell for playing the ‘victims’ vs ‘offenders’ game – It is a political tactic that has served successive governments over the last thirty years, it is a critical part of the ‘tough on crime’ rhetoric – but it needs to stop. Continue reading Who Are the Victims?

Social Investment and Māori in Youth Court

Sarah Monod de Froideville

Why are young Māori over-represented in New Zealand’s youth justice system? Maybe we could start by asking them. 

The first Youth Justice Indicators Summary Report, recently released by the Ministry of Justice, shows that young Māori (and Pasifika) increasingly make up the greatest proportion of young people who appear in Youth Court.

We’ve known for a while that young Māori are over-represented in New Zealand’s youth justice system. What we don’t know is why.

Some say young Māori offend more as they are suffering trauma from the intergenerational effects of colonisation. Others say parental incarceration is to blame, as it robs Māori children of their family stability and prison becomes understood as somewhere that Māori go to for a time.

There are also those who argue that the problem is not with Māori but with the criminal justice system. That the over-representation of Māori in our youth system and in our adult jails is a result of institutional bias, i.e. racist cops, prejudiced judges and practices that have a bigger impact on Māori when compared with non-Māori.

We know that there is more than a grain of truth to each of these theories, but we don’t yet have enough research to confirm or refute their claims. So, they are routinely dismissed as radical ideas thrown around by disgruntled Māori and floaty academic types.

But what we also know is that if the coalition government holds onto Bill English’s social investment vision the youth court trends are only going to get worse. Continue reading Social Investment and Māori in Youth Court

Structural Discrimination

In recent years, politicians and senior public service managers, while openly acknowledging the differential between Māori and non-Maori, have resisted the idea that there is any deliberate ethnic bias, or evidence of personal racism in the system.

…..

There is general agreement that adverse early-life experiences, and social and environmental factors contribute significantly to high Māori, which in turn impact on offending patterns.  However, while there is evidence of structural discrimination within the criminal justice system, and allegations of personal racism, there is a general reluctance to conduct research into these areas.  The absence of research thus enables politicians and senior public servants to deny that such issues exist, in the absence of clear evidence to the contrary.

…..

The idea of systemic bias within the criminal justice system has been resisted by government agencies over recent years.  When the Hon Dr Pita Sharples, Co-Leader of the Māori Party, launched the party’s Justice Policy on 1 October 2011, he spoke about the structural discrimination against Māori within the criminal justice system in general, and the Police in particular.  There was an expected public backlash against the comments and, when invited to comment, Rethinking Crime and Punishment issued a media release citing research  which supported Dr Sharple’s view. Dr Sharples was interviewed on Q and A on the 9 Oct.   On the 14th October, Commissioner Peter Marshall came to the defence of his staff in an interview on Te Karere. He did not agree there was a racial bias in Police dealings with Maori.

The issue was vigorously discussed on talkback radio, and most of the comment supported the Commissioner’s position.  Some commentators reproached Dr Sharples for his claims, and the then Minister of Police, the Hon Judith Collins, publicly chastised him for being ‘out of order’. Continue reading Structural Discrimination

The Impact of Race Relations on Criminal Justice

Kim Workman

As Māori society began to disintegrate, the justice system mopped up those who were deemed a public nuisance.  In the 1930’s Māori “lads” were sent off to borstal “in their own interests” because they were judged to have come from bad surroundings – a practice since taken over by youth justice institutions.[1]  In 1902, Māori constituted 2.8 percent of all prisoners received – by 1934 that number had risen to 8.9 percent.[2]  Prison sucked up all types of offenders from the lower strata of society: the small time repeat offenders, drunks, vagrants, the mentally ill, and so on.

By the 1930’s, while New Zealand had very little crime, it had an average prison population three times greater in proportion to the general population, than that of England and Wales.[3]

Prison provided social benefits: it hid our failures from view; it allowed politicians and the courts to maintain public credibility; it satisfied a public demand for retribution. [4]   New Zealand had become a punitive and mean-spirited society. [5]

The impact of the Māori urban migration of the 1950’s was predictable. [6]  Between 1954 and 1958, reported Māori youth offending rose by 50%.[7]  One of the factors that caused this increase related not to how Māori behaved in this strange and new urban world but   how they were treated by non-Māori.  Māori urban migrants were perceived and treated as a potentially dangerous underclass.  We were outsiders.

The Police, like much of the public service in the 1950’s was unapologetically monocultural.   In 1951, the Police boasted one Māori police officer, Bill Carran, who had joined the police in 1920, and retired in 1958, as an Assistant Commissioner.  Carran, of mixed descent, was referred to disparagingly as ‘the Black Tracker’ by his colleagues, and survived by downplaying his Māori heritage, and emphasising his pākehā side. [8]

When Commissioner JB Young canvassed his staff in 1950 about recruiting Māori , he found them ‘almost unanimously opposed’.  The Senior Sergeant at Taihape commented:

The average European would strongly resent being corrected or reprimanded by a Maori, particularly in some districts where the colour line is still observed.  On the other hand, the average Māori appointee would be inclined to suffer from an inferiority complex when dealing with Europeans, or be imbued with authority and fail to use discretion when dealing with Maoris.” [9] Continue reading The Impact of Race Relations on Criminal Justice

Ignoring Evidence, Rights and Safety

Khylee Quince

What a short memory this government has. This week NZ Justice Minister Amy Adams has unveiled a “serious young offenders” policy that resorts to the age-old chestnuts of militarized boot camps, targeting of parents and negative labelling of children and young people. All of these strategies fit squarely within a “tough on crime” agenda of popular punitiveness – hardly surprising in an election year, but flying in the face of both international research about what works and international standards to which New Zealand is accountable.

The “new” policy is targeted at a purported group of around 150 “serious young offenders” and will allow judges to send up to 50 of them to a boot camp at Waiouru for up to a year. Sound familiar? The National government rolled out the same rhetoric and similar initiatives with its Fresh Start policy for serious young offenders in 2009, including the Military Activity Camps, Court-Supervised Camps and Community Youth Programmes. An evaluation of the Military Activity Camps in 2012 showed a 61% reoffending rate within six months of attending the camp, with 10 offenders committing 126 crimes between them within that six month period. Young people referred to rehabilitation programmes had a 72% six month reoffending rate. There is no local or international evidence that boot camp interventions work, and a lot of evidence that they do not. Continue reading Ignoring Evidence, Rights and Safety

Passive-Aggressive

Dr Bruce Cohen

…Māori Resistance and the Continuance of Colonial Psychiatry in Aotearoa New Zealand

Before the 1950s, Māori were considered a relatively mentally healthy population. However, current statistics show that they are much more likely to experience a ‘mental illness’ and be admitted to psychiatric hospital compared to settler groups. This article, by Bruce Cohen, argues for an understanding of the mental health system as a site of colonial hegemony in Aotearoa New Zealand.

Cohen demonstrates that the increased urbanization of Māori from the 1960s brought about a political consciousness and visibility which frightened Pākehā society. This, in turn, led to a change in general perceptions of the colonized, from being a passive population to an aggressive one.

Between the 1960s and 1980s, colonial psychiatry began to pathologize a politically conscious Māori population – categorizing Māori protest as constituting the ‘symptoms’ of various forms of ‘mental illness’ (particularly psychotic illness) while ignoring social, economic or cultural issues. This psychiatric process of normalizing colonial rule while pathologizing Indigenous resistance has been found in many other sites of colonial authority. In Aotearoa NZ, the outcomes are extremely high rates of psychiatric diagnosis and incarceration of Māori. Continue reading Passive-Aggressive