Legal experts find flaws in “3 Strikes” law

Barristers and legal advocates fear the Sentencing and Parole Act, which introduced a graduated scale of sentencing for 40 violence offences (“three strikes”). will lead to overcrowded prisons, greater re-offending, court backlogs and miscarriages of justice. Community Law Canterbury manager Paul O'Neill told The Press "I find the three-strikes law sickening, cynical and without any evidence or merit, This is a step too far, and is nasty, nasty stuff."

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The bill was passed by the National and ACT parties, but voted against by the Maori Party who said the law was racist because while the indigenous Maori people comprise only 15 per cent of the population, they account for 50 per cent of prisoners. Maori party MP Hone Harawira also noted the policy does not address causes of crime. "Just by putting a guy in jail for the rest of his life doesn't stop the fact that other people are in the same conditions and are likely to start heading down the same path."

As would be expected justice advocacy group Rethinking Crime and Punishment is opposed to the new law. The penal reform group have established a trust to educate people about the new law's impact. There are more unexpceted opponants too however, such the conservative Maxim institute who hosted Auckland University academics Professor Warren Brookbanks and Dr Richard Ekins at a meeting in Wellington. Brookbanks stated in a press release;

The argument for the Bill is incapacitation, public/victim confidence and deterrence. The deterrence argument fails; the incapacitation argument is misconceived and there are serious negative consequences to this Bill which have not been addressed

The government however seemed immune to the criticisms before the law was passed last week, with Corrections Minister Judith Collins telling the New Zealand Herald “This bill deliberately puts in place an escalating regime of penalties, and I make no apology for that.”