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Newsletter April/May 2002
Violent Crime is at its worst ever in our young history. We warned 12 months ago that New Zealand was in Crisis - while Violent Crime continues to escalate, politicians still play politics.
In 1989 the "Roper Report" warned the Government of the consequences if our country didn't take control of Violent Crime. That was ignored
At the election 92% of voters supported Justice Reform, Reparation for Victims and Hard Labour for serious violent offenders while in Prison. Again this was ignored....
The growth and momentum of Sensible Sentencing has been exceptional, we are the voice of the ordinary Kiwi. I thought that our politicians and our Judges were our leaders, if they something going astray they would change the laws. I was wrong
Some Judges and most politicians by not taking ownership and changing the system are no better than the vested interest groups who are making huge amounts of money out of this criminal gravy train..... Did anyone see the look of glee on a certain lawyer's face when the Privy Council's decision was made? I could have sworn that was $ signs where his eyes should have been!!
Whatever the path of life we follow we all need to reflect on our duty to our Country. The late Justice Heron stated under New Zealand Law he was required to release Taffy Hotene. Why did he not make a stand? Why did he not campaign to change the Law?
I am now convinced it is up to ordinary people like you and I to take ownership of this situation, to step out of our comfort zone and stand up to be counted! The future of our young generations depend on the decisions you and I make NOW. As we lead up to this coming election all of us are going to need to give some serious thought as to who we vote for. Our strategy and plans between now and the election will give ample opportunity for people to make a wise decision.
SST have always believed that the best policy was to stay apolitical and take all parties with us on this issue. That policy has worked well and I am sure we will see some dramatic improvement in party policy between now and the election. If New Zealand is ever to get on top of this Violent Crime epidemic we must accept that there is a category of offender with their footprints right through the Justice System; 100-200 offences, graffiti, car conversion, sexual offences, rape and murder. They have been given every opportunity of rehabilitation and have cost the taxpayer a fortune in legal aid. They made a choice, their Victims had none.
This is the category of offender we are talking about when we say they will NEVER contribute to our society so....... WHY PAROLE? LIFE MUST MEAN WHOLE OF NATURAL LIFE
Regards, Garth McVicar.
Last year a Napier Youth Aid Officer, Angus Dellow, approached me about offering the world famous Dale Carnegie Leadership program for young adults. As a graduate of the adult program he knew the course would help these kids get skills in self-confidence, communication, vision, and attitude control, the very things they were lacking....
Child Youth and Family said that if we made a difference to five of their children they would deem that as a success! Angus and I were aiming slightly higher at 80%.... Out of 23, 17 succeeded. Graduation was very exciting. There were 70 guests in the audience including caregivers, social workers and media. The class members were required to give a three minute presentation in front of this crowd, which took a tremendous amount of courage that even most adults would find difficult to summon up. We were so proud of them! I can tell you there were a few misty eyes in the audience too.
Six months on and the feedback has been excellent. We have one girl who has been appointed as a trainee accountant, another who is determined to be a nurse (nothing will stop her), others who have gone back to school at Tech or other training institutes, getting prepared for their futures. The major comments we have had back from parents and caregivers is the change in attitude they have seen.
When I was asked recently if our trainee accountant got the job at the accountancy firm as a direct result of this training, I have to say no. She got it because she is an achiever. The course helped her make that realisation, therefore she was able to set her sights way higher than she ever would have.
The good news is we are running the next programme in July for another 25 at-risk youth. 6 graduates from our first in-take have been selected to come back as team leaders to guide the next class through.
As the mother of a victim of violent crime I want to share with you the effects it has had on my life. Outwardly I am the same. I carry on but the turmoil never ends. The hurt, pain and anger are bubbling under the surface.
Some nights I sleep from exhaustion, others I lie awake fighting the tears. A part of my heart is broken and will never mend.
My son Michael was working, just doing his part time job delivering Pizzas when he was set upon and brutally murdered. His normal occupation was a Caregiver, caring for others less fortunate.
Michael was a happy friendly person, who was always ready to help someone in need, he always had a happy grin or smile and a cheerful word. He would never intentionally hurt anyone.
It plays over and over in my mind how he was beaten up, robbed and left to die.
I will never come to terms with the violent way he died and how he must have struggled to get up the hill, climb the gate only to collapse at the back door of his father's house, one kilometre away.
I know I cause my husband and family concern over my health and restlessness.
I in turn get stressed out knowing I am the cause of their worry. It is a vicious circle.
Our family gatherings and celebrations are now always tinged with sadness.
My husband and I were overseas when this terrible tragedy occurred. We could not get back in time to be with my son as he lay dying. Before we left we had a happy time together. As we waved goodbye I called "see you when we get back". Sadly it was not to be.....
The next time I saw Michael he was lying in a coffin. You can't imagine the shock and horror I felt when I saw his battered face. It haunts me every day. Losing a child is a dreadful thing, but to lose one in these circumstance is something I cannot accept! As I looked at Michael laying in his coffin I made a vow to him that day, to do what ever I could to stop these horrific crimes. That is why I joined the Sensible Sentencing Trust.
Sensible Sentencing Trust is very proud to announce that Sir Russell and Lady Pettigrew have agreed to become the Patrons of our Trust.
Sir Russell and Lady Pettigrew are incredible New Zealanders and have never been afraid to stand up and be counted on issues they believe in.
Sir Russell is one of this country's most successful businessmen, and as the saying goes "behind every good man is a great woman" and Lady Pettigrew is certainly a wonderful woman.
THANK YOU, to the Pettigrews.
Eight decades plus should be an opportune time to look back and assess some of the changes in society that have occurred during that time span. There have been many, some for the community good, some not so good, and others lamentable. The latter mainly politically motivated for reasons best known to the Government of the day, introducing bad legislation, certainly not in the interests of the general public.
One such area that is of real concern to me and should be to all those people who care and have our future society at heart is that of discipline, or the lack of amongst some of our young and not so young.
If carefully analysed the majority of our social problems stem from the modern approach to a real lack of early disciplinary education and what behaviour should be acceptable. Starting with the basics at home and continuing into the school system where teachers are very limited in what discipline they can exercise. In a number of cases starting with what should be taught in the home. Unfortunately if the basics are neglected it is obvious that through no fault of the child this continues through to adult life, and in far too many cases ends up with Court procedures.
I do not advocate that in educating our young any form of violence should be exercised, however I do believe that the difference between right and wrong be clearly spelt out and enforced in a humane way, and thus prepare our young to take their place in society and make their and others' lives more comfortable.
Perhaps I am the wrong person to write on this subject as my education in discipline training started in the family home, was extended to a School Cadetship (military) and then four years service in the NZ Navy during WW2. Despite the aforementioned this did not prevent me in my formative years from "straying" in minor ways, however it did equip me to accept any punishment meted out to make amends.
I am firmly of the opinion that if our education system, again starting in the home, put a greater emphasis on "discipline" it would make the role of Sensible Sentencing a whole lot easier, or perhaps even eliminate its need to exist.
Punishment for crime should be just that and not a comfort zone for the Offender serving only part of the term imposed by the Courts, and ideally should not be an expense on the community. Discipline should see the Offenders working manually and earning to repay society for acts of indiscretion. Far too much is being made of "Children's Rights".....I have always believed that one earns rights and that rights do not come as a matter of course.
Russell Pettigrew,
Hawkes Bay
Penal policy in the 1950's - when there were 10 or 20 murders a year - was very different to the "enlightened" policies in place today. Sentences of imprisonment with hard labour were common, and the labour was indeed hard; inmates built their biceps in quarries rather than gyms. Those who refused to work were placed on subsistence diets or in solitary confinement until they had a change of heart. Remission was earned by good behaviour - there was no automatic discounting of sentences as is currently the case. Since that time, penal policy has become progressively more liberal, to the point where the jails of 2002 would be unrecognisable to inmates from the 1950's.
Inmates are now provided with televisions, may have personal stereos, and spend time in well appointed gyms. The days of hard labour are long gone, and there is no solitary confinement or restricted diets for punishment. Throughout the period from the mid 1970's there has been an ever escalating rise of violent crime including murder. We now have rates of homicide (murder and manslaughter) around 3 per 100,000 of population, up from less than one during the 50's and 60's. This rise in the rate of violent crime coincides with the ever increasing liberalisation of penal policy. The "experts" in the Justice Department say there is no cause and effect relationship between the two - commonsense tells us otherwise.
Commonsense being in short supply among experts, the best response is to challenge them to test their hypothesis that there is no causal connection between their policies and increasing levels of violence. You do that of course by changing direction and making criminals serve "real time". Real time means they serve the time sentenced less time earned for remission, with a maximum of - say - one quarter of sentence.
Real time should be served in spartan but not inhuman conditions. Life should mean life for certain categories of murderer, and hard labour should be considered as an adjunct to sentences. If that kind of regime is put in place it needs time to work before being gleefully declared a failure. Liberalisation of penal policies was not reflected in offending rates for a generation after the process began. In other words, it may take 20 years or so for a harsh regime to be reflected in a lowered rate of offending.
Life without Parole (LWOP) has a number of disadvantages - but that topic requires an article of its own. In brief though, the problems include the risk of inmates killing guards because they have nothing more to lose, the cost, and changes of policy due to government changing. True Life sentences are however a very good start in the process of returning our rate of murder to where it once was.
By DAVID GARRETT B.A. LL.B (Hons)
As a Youth Aid Officer part of my job entails holding youth offenders accountable for their actions. This can range from warning and apologies to appearing in Youth or District Court.
Whichever action is taken I take on board the wishes of the victim; the youths previous record and the sentences of the offence. Often a first offender will be dealt with by way of an official warning. This depends on the seriousness of the offence. Any further offending involves a home visit where the youth is left in no doubt about how I will deal with them if their offending does not stop.
They are told they are responsible for their own actions, that they have choices and there are consequences for those choices. If they choose to stay out of trouble, and want to do something positive in their Life, I encourage them and will help in anyway I can. I am currently trying to arrange a meeting for 15 rugby mad children, to visit the All Blacks. These children will have earned the right to meet the All Blacks by making positive changes in their lives.
I helped set up a world first Dale Carnegie programme for "at risk youth". Sponsorship came from local business and groups. Major attitude communication skills and direction of life changes were made. Children with particular interests are introduced to idols or people involved in whatever the youths interest is, so they can speak first hand to the "right" people... to encourage them in a positive direction. On the other hand if they make bad choices they are held accountable for those. This often involves either scraping bubblegum from the footpath or the shop they steal from. Cleaning the ceiling in the cells for attitude modification or having a parent/or myself sitting at the back of their classroom to ensure they behave at school.
The threat of walking around the playground at lunchtime holding my hands is used for bullying at school (I have never had to do this yet, the threat has been sufficient!). I run a 6 hour programme of children's PD which involves cleaning playgrounds and picking up rubbish around town, on Saturday, or public and school holidays. (A similar one is done for graffiti. The message being "you put it on, you take it off"). I ensure the youths hate the punishment so much that they want to make positive changes in their lives. Encouragement is given to the Youth to change their attitude.
My name is Ian Carline, I am a founding member and a trustee of Sensible Sentencing. At present we are building up our talkback team with a view to raising public awareness of the issues around the exponential growth in violent crime in New Zealand and the inadequate sentences served by our convicted violent offenders. If you feel you could make a worthwhile contribution please contact me before calling talkback and promoting SST. email icarline@xtra.co.nz. or fax 09 2357 960.
At present there is an additional opportunity for us to effect positive change to the new legislation before the house, The Sentencing and Parole Reform Bill. This Bill has much wrong with it; the Bill is being marketed as a response to the demands of 92% of New Zealander's who voted to get tough on violent crime. We feel this Bill falls well short and is in fact a giant step in the wrong direction. Attached to this newsletter are some of the points that we must communicate to New Zealanders. There is much more to this legislation, what we are trying to give you are some key points to build your calls around and stimulate debate on the radio talkback shows.
1ZB. free call telephone number is 0800 8010 80 no cost to you when using your cell phone
Radio Pacific free phone number is 0800 309 3099 and Auckland callers 09 309 3099. The 0800 number is a free call from anywhere in the country including cell phones and land lines.
If you are promoting the Sensible Sentencing Trust and our 0900 number, make sure you stay with our agreed goals and mission statement, we must stay totally focused. Just remember we are working towards a safe New Zealand and "life must mean whole of natural life" for murder. Please contact me at the above numbers for details on the various shows available.
Riverland - The executive met early February, a very successful meeting. Justice spokespeople and local M.P's were invited. We were very pleased to have Stephen Franks, Wayne Mapp, Peter Dunne, Donna Awatere Huata, Anne Tolley, and Rick Barker for Phil Goff. I am sure the M.P's went away with a far greater understanding of what Victims of Violent Crime in this country are suffering.
Speaking Engagements - These are coming in fast. We have committee members speaking now at functions. This appears to be working really well. Providing we all stay focused, this is a great way to expand our message.
Women Today. This Christchurch magazine in their March edition ran a very good story on two of our members. It is very worthwhile buying a copy, I believe you can buy it in North Island bookshops. They are planning articles on Sensible Sentencing in their next 6 editions. Watch out for these.
Auckland, Papakura - Tribute to Michael Choy - Approx 600 good people in Papakura gave a standing ovation to Rita Croskery. Rita and Ken in conjunction with SST held a hugely successful public meeting. There was very good Media attendance with exceptional TV and newspaper coverage. The fact that Victims of Crime are New Zealand's forgotten people and offenders' rights far exceed those of their victims is now being exposed for all to see. Congratulations Ken and Rita.
David Garrett was invited to speak at a good attendance in the Ellerslie Memorial Hall. He spoke of his growing concern over the state of lawlessness in NZ and what he considers needs to be done to get us back on track. Question time was lively and thought-provoking. In attendance were many victims and their families along with M.P. Mr. Ken Shirley (ACT) and Richard Worth (National).
Waikato - Every Wednesday morning Katrina has a Sensible Sentencing spot on a local radio station, AM 1206 at 8:30 am. The frequency is available to people in Hamilton and the greater Waikato. Katrina encourages people to listen and phone in, studio phone - (07) 834 1206. Waikato Branch are having a stand at the Fieldays in June, and encourage everyone to call in. Any help would be appreciated, email Katrina.Robert@xtra.co.nz.
Christchurch - Sue has written to the Mayors/Mayoresses throughout New Zealand encouraging them to take up the challenge in local Government and give NZ a "Zero Tolerance" to crime. Sue enclosed a recent article on New York and how they have their murder rate down to the rates of the 1890's.. This is due to a visionary and courageous Mayor Rudolph Giulani. She suggests all New Zealands local Government leaders need to have the same vision and courage.
Hawkes Bay - Members from the HB branch travelled to Lower Hutt for the recent rally that was organized by the local council. The rally was held to express their concern for the violent crime that had hit their community. The support and encouragement that SST received from the public was amazing.
FROM THE OFFICE.
The National Office has been established at no cost to SST thanks to the generosity of local businesses and individuals that have donated space, office equipment and furniture. The upgrade of our members database has been an enormous task and is almost complete. Thanks to Sharon of ABC Software for designing and assisting us with this at no charge. Also Les who volunteered for the unenviable job of inputting and has spent months clicking away. Our grateful thanks to Sharon and Les.
We would like to thank the members who write in with their comments, newspaper clippings, words of support and encouragement. The heartfelt stories we receive make us realise that our Justice System is certainly out of balance and keeps us more determined to change this. The one thing all victims have in common is "I never thought is would happen to me". Sadly we are hearing this all too often.
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Asking for Reform of the Justice System |
and Reparation and Compensation for Victims |
and Hard Labour for Serious Violent Offenders |
| The Governments answer to this is the Sentencing and Parole Bill | ||
| Proposed Legislation (actual extracts highlighted) | Sensible Sentencing Opinion |
| Most Criminals can apply for parole after one third of a Judge's given sentence. Serious violent offenders will get automatic release after two thirds. | At present the law allows parole after two thirds... 50% re-offend within the first 12 months. Offenders will be recycled faster at a greater cost to you and I. Parole isn't working now, it should be a privilege not a right!! |
| All sentences under two years will be automatically cut in half | This is forcing the Judge to be dishonest and mislead the public. This part of the law "mocks" the Judiciary. |
| Home detention and ankle bracelets available to all offenders, both violent and non-violent. | At present home detentions are only available to non-violent offenders. Home detention should only be an option when the right has been earned. |
| Punishment to suit the offender, not to fit the crime. Judges must consider the offenders' personal, family or whanau background. | These offenders have made a "lifestyle" choice. Where were their family or whanau then? |
| Imprisonment can only be considered if the convicted criminal is an "undue risk to the safety of the community" | If the Government wants to unload the prisons... Try introducing Hard Labour! The re-offending rate will drop drastically. |
| Reparation for Victims is a sentencing option Judges are encouraged to use "Unless it will cause undue hardship to the offender" | Victims Rights should far exceed Offenders Rights If the Government is serious they should fund the reparation and get restitution from the offender |
| Concurrent Sentencing ("Bulk Discounts") will still apply. This is still part of our disastrous Law under this Legislation | Concurrent Sentencing ("Bulk Discounts") actually rewards the offender for multiple offences, bulk discounts encourage bulk offending!! No consequences = No accountability = No responsibility! |
| The above Legislation continues with the politically correct failed experiment of the last 30 years | Introduce accountability and responsibility with clearly defined consequences, starting with Life means Natural Life |
SENSIBLE SENTENCING TRUST NATIONWIDE FLYER.
Enclosed (with the hardcopy version of this newsletter!) you will find our new Nationwide brochure, this takes place of any other information sheet we have been handing out. If any of our members are interested in distributing these, please let us know. We need people to place these with Businesses, RSA's, local shops etc as well as letter box drops. We have available stands for counters. If you are able to help, please contact the National Office. Phone. (06) 8355521 or write to P.O. Box 701, Napier.
The future for SST is looking good. As we begin to understand the way the system works we can be more effective and instrumental in implementing change. The important thing to realise is that our country has been accepting and making excuses for the increase In violent crime for close to 50 years. For some of us violence is accepted as part of our culture, and others have been born to it and don't know any different.
We have allowed our judiciary and courts to become a "Warehouse" offering bulk discounts for multiple offences, recycling offenders at an alarming rate. This is now considered acceptable and part of our everyday lives, the result has been that the offenders have no respect for the system or our courts. Most of us think it is someone else's problem. We have become "armchair" critics who don't believe this violence is our responsibility, or that we can do anything about it.
lndividually we probably can't but we believe an organisatlon like ours, can and will. Leading up to the election we do have an action plan. In the next newsletter in July, members will be asked to become a lot more involved. The committee has a very busy time ahead preparing the "plan". If you are keen to help don't hesitate to call or write to the National Office. In the meantime keep individual pressure up by writing to your M.P, writing letters to the Editor, join Ian Carline's talkback team. It all helps. To win we must become the "noisy majority", especially while the Sentencing and Parole Bill is before Parliament.
At this stage we would like to thank the businesses who have donated to Sensible Sentencing Trust throughout New Zealand and to the Hawkes Bay businesses who have donated towards our National Office. Thank you.
As a nation we must move towards individual responsibility, accountability, respect and discipline, we must encourage our people to take control of their own lives. Before we can begin to turn these horrific Violence Statistics around we need to admit that the liberal social experiment of the last 30 years has been a dismal failure. There is no such thing as a "free ride", our rights need to be earned, not automatically given. I still believe that we must stay focused on the tip of the iceberg - the worst Violent Offenders. "Life must mean whole of Natural Life" for this category of offender. If the consequences for Murder was Natural Life, many apprentice criminals would not follow their "heroes" and "mentors".
We will leave you with this thought - under the NZ "Justice" System
The Victim gets the death sentence
Their family gets the life sentence
The Offender gets bed and breakfast.........
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