Human Rights and Prisons - Rethinking Crime and Punishment

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Tolmie J (2007) „Women and the Criminal Justice System‟ in Tolmie J and Brookbanks W (eds) Criminal Justice in New Zealand Wellington: Lexis Nexis Tucker S and Cadora E (2003) Justice Reinvestment: To Invest in Public Safety by Reallocating Justice Dollars to Refinance Education, Housing, Healthcare, and Jobs, Ideas for an Open Society Vol 3, No 3, New York: Open Society Institute UN Committee Against Torture (2009) Consideration of Reports Submitted by State Parties Under Article 19 of the Convention. Concluding Observations of the Committee against Torture: New Zealand, CAT/C/NZL/CO/5, 14 May 2009 UN Committee on the Rights of the Child (2003) Concluding Observations of the Committee on the Rights of the Child: New Zealand CRC/C/15/Add.216, 27 October 2003 UN Committee on the Rights of the Child (2009) „General Comment No 10, 2007: Children‟s Rights in Juvenile Justice‟ in Goldson B and Muncie J (eds) Youth Crime and Juvenile Justice London: Sage UN Human Rights Committee (1992) General Comment 21 Concerning Humane Treatment of Persons Deprived of Liberty, 10 April 1992 UN Human Rights Committee (2010) Concluding Observations of the Human Rights Committee, New Zealand, CCPR/C/NZL/CO/5, 25 March 2010 UN Human Rights Council (2009) Draft Report of the Working Group on the Universal Periodic Review, New Zealand, A/HRC/WG.6/5/L.7, 11 May 2009 UN Special Rapporteur on the Right to Education (2009) The Right to Education of Persons in Detention: Report of the Special Rapporteur on the Right to Education, Vernor Muñoz, UN Human Rights Council, A/HRC/11/8, 2 April 2009 Van Wormer K and Kaplan L (2006) „Results of a National Survey of Wardens in Women‟s Prisons: The Case for Gender Specific Treatment‟, Women and Therapy, Vol 29, No 1, pp 133-151 Wahidin A (2004) Older Women in the Criminal Justice System: Running out of Time London: Jessica Kingsley Publishers Wahidin A (2006) „„No Problems – Old and Quiet‟: Imprisonment in Later Life‟ in Wahidin A and Cain M (eds) Ageing, Crime and Society Oregon: Willan Publishing Ward T (2008) „Human Rights and Forensic Psychology‟, Legal and Criminological Psychology, Vol 13, pp 209-218 Watt E (2010) „Outlook bleak for prisoners‟ aid group‟, The Dominion Post, 26 February 2010 160
Weatherburn D, Vignaendra S and McGrath A (2009) The Specific Deterrent Effective of Custodial Penalties on Juvenile Reoffending Canberra: Australian Institute of Criminology Williamson K (2009) „Prison Boss „Part of Drug Ring‟, The Dominion Post, 06 June 2009 Workman K (2009) Corrections „Value for Money‟ Review – Will It Improve Prisoner Reintegration?, accessed at http://www.rethinking.org.nz Youth Horizons (2009) „Defusing Human Time Bombs‟, Kia Puawai Newsletter, No 5, April Zinger I (2006) „Human Rights Compliance and the Role of External Prison Oversight‟, Canadian Journal of Criminology and Criminal Justice, Vol 48, No 2, pp 127-140 161
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Contact the Human Rights Commission
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10. Staff .........................
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Executive Summary This literature r
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are concerns about educational prov
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2. The Cultural and Legal Context R
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this context, the law is one crucia
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Significant New Zealand case law ha
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Reconviction and reimprisonment rat
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dominance of custody is also assert
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On a financial level, this increasi
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Zealand „will offer savings of be
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In response to such criticisms, the
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For instance, overseas studies (Cra
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surveillance, control and managemen
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4. Material Conditions Material con
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Issues The accommodation for prison
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However, it has been used for perio
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Health dietician who provides input
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5. Activities Law and policy framew
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across the penal estate (and within
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Sex Offender Treatment Programme -
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That „therapunitive‟ prisons re
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The consolidation of programmes tha
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Educational Achievement (NCEA); Sec
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Ultimately, she argues for the esta
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up to five minutes per week (s77(3)
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Issues Volunteers can provide a who
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There are concerns about telephone
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The use of temporary release so tha
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Reintegration Unit - currently avai
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6. Health Services Law and policy f
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In reply to such long-lived argumen
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suggests that Corrections staff are
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Applications for the compulsory ass
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when a prisoner‟s mental health d
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Restraints must be compatible with
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used. A rub-down of the person may
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The UN Basic Principles for the Tre
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As noted previously (Section 7.2),
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An inability to cope with the initi
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azor blade policy, under which high
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The Department has also issued a Di
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of young people. The Ministry of Ju
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foster care, multi-systemic therapy
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prisoners were ignored. Such approa
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in a study that exposed the limits
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sexual abuse. However, they also no
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Kaumatua have official standing as
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of detention together with convicte
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9. Protection Measures This section
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9.3 Disciplinary Procedures Law and
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would help to increase prisoner con
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Alongside the Ombudsmen‟s Office,
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and Victims’ Claims Act 2005 that
Page 110 and 111: 10. Staff Law and policy framework
Page 112 and 113: 10.2 Culture Unlike the literature
Page 114 and 115: eality, the numbers of new staff wi
Page 116 and 117: Employees should perform their duti
Page 118 and 119: 11. Conclusion This review has show
Page 120 and 121: Staff-prisoner ratios require impro
Page 122 and 123: Moreover, New Zealand‟s use of pr
Page 124 and 125: the Minister of Corrections on a ra
Page 126 and 127: The Sentencing Amendment Act (No 2)
Page 128 and 129: 12.2 Relevant New Zealand Legal Cas
Page 130 and 131: eginning of the process was a proce
Page 132 and 133: to be provoked must be assessed obj
Page 134 and 135: Distinction Between Prison Discipli
Page 136 and 137: to protect complainants who allege
Page 138 and 139: Refusal To Attend A Funeral Can Be
Page 140 and 141: Treatment Example Of Degrading Trea
Page 142 and 143: Mandatory Life Imprisonment Without
Page 144 and 145: Brennan N (2010) „Prison Staff to
Page 146 and 147: Coyle A and Stern V (2004) „Capti
Page 148 and 149: Treatment or Punishment, In the Mat
Page 150 and 151: HM Chief Inspector of Prisons (2009
Page 152 and 153: Liebling A (2006) „Suicides in Pr
Page 154 and 155: Ministry of Justice (2007) Conventi
Page 156 and 157: Ombudsmen‟s Office (2007b) Invest
Page 158 and 159: Sachdev S (2008) „Private Punishm
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