Three strikes rule, at least the way it has been implemented in New Zealand under the Sentencing Act 2002 has been an ineffective and a limp piece of legislation.
Apart from having no impact on recidivism rates, Newsroom has provided an insight into the fact that the judges in this country have, almost unanimously rejected implementing the law.
One size-fits-all-punishment is both wasteful and expensive: $100,000 NZD per year of incarceration. It discourages judges – who already have the ability to ensure public safety under existing sentencing laws, including preventive detention – from applying the full spectrum of sentencing considerations.
Indeed, it is telling that no New Zealand judge has sentenced a defendant to serve a third strike maximum sentence without parole. This fact suggests an autonomous, independent judiciary that prizes individualised justice.
These are the reasons why the Labour government was on point to repeal it. It has nothing to do with “being soft on crime”.
It’s a pointless piece of legislation that is not achieving anything. That Andrew Little probably got the process wrong and failed to get New Zealand First support (although there are indications that NZF initially supported the repeal, before withdrawing their support) behind the repeal does not mean that the repeal itself is not warranted.
The decision to get ex-National MP Chester Borrows to lead an advisory group to fix New Zealand’s criminal justice system will lend bipartisan credibility to any reforms that the Labour government proposes. Although I hope that is not the case, chances are that Andrew Little already knows what he wants from the group and he is simply going through the motions to receive the mandate to any reforms he wants to implement.
The report from the advisory group could also put National and NZF in awkward positions on deciding between evidence, expert backed reforms or wanting to be seen as tough on crime. For sake of fixing the justice system, let’s hope they decide to back the evidence-based reforms, whatever they may be.