how victims <strong>and</strong> offenders have been typified using a ‘good guy … bad guy’ theme(Claster, 1992: 15).Common assumptions about crime victims – that they are all ‘outraged’ <strong>and</strong> wantrevenge <strong>and</strong> harsher law enforcement – have come to underpin victims’ rightsrhetoric (Henderson, 1992). For example, the Sensible Sentencing Trust <strong>and</strong> thepress frequently note the ‘anger’ <strong>and</strong> ‘outrage’ victims <strong>and</strong> supporters of the Trustfeel towards government <strong>and</strong> the criminal justice system (see Berry, 2004; Binning,2004; Carter, 2004; Dewes, 2004). Apart from the fact that no quantification is evergiven to their supposed public sentiments (something that, again, McVicar is neverchallenged on by journalists), anger <strong>and</strong> its manifestations are indeed normalresponses to violent crime, but they are not necessarily tied to the desire or need toretaliate (Henderson, 1992). Thus, victims may experience anger as their initialimpulse, but after the initial shock has passed, victim’s emotions <strong>and</strong> reactions mayvary considerably ‘from physical retaliation to withdrawal, to efforts to preventfuture harms, to forgiveness of the offender’ (Henderson, 1992: 128). The Trustchooses to bypass the fact that many victims are remarkably forgiving – acontradiction that goes completely unnoticed by the New Zeal<strong>and</strong> media. Instead,anger towards offenders is a common reaction held by supporters of the Trust.Again, it is interesting to compare the different approach to victimisation of theSensible Sentencing Trust <strong>and</strong> Victim Support. The latter is concerned with victimissues <strong>and</strong> victims’ rights <strong>and</strong> not those of the offender. As with many victims’groups, one of Victim Support’s aims is for the victim to be placed at the heart of thecriminal justice system when addressing victims’ rights. However, the organisationis careful not to disregard the rights of the offender <strong>and</strong> has refrained from becominga campaign lobby group. For example, the 2005 report by Victim Support ‘ACommitment to Victims’ Rights: The Way Forward’ states that ‘[i]t is important tomaintain the rights of the offender – but much needs to be done to achieve equalrights for the victims of their offending’ (Victim Support (N.Z), 2005: 12). VictimSupport is careful not to make suggestions that will further undermine the rights ofthe offender <strong>and</strong> in so doing, has refrained from using the victim as a political tool.Interestingly, Rock (2004: 118) notes that worldwide, Victim Support58
[h]ad not risen from the ‘victims’ movement’. It was not composed of‘angry victims’ or their surrogates. It did not represent any specificvictim group, or interest [<strong>and</strong> it] was committed politically not toengage in advocacy, to attack offenders, or to comment on sentencingpolicy.Because of this, victims’ issues remained free from the public arena <strong>and</strong> were dealtwith by organisations <strong>and</strong> experts who were dedicated to victims <strong>and</strong> their needs. Incontrast, the Sensible Sentencing Trust has adopted all of the attributes mentioned byRock (2004). While the Trust is able to offer victims of crime support, it has done soat the expense of the offender, where it continues to engage in political advocacyusing emotional rhetoric to push for longer <strong>and</strong> tougher sentences.(c) A simplified framework of knowledgeA final important aspect is the tendency of the Sensible Sentencing Trust to lobbyfor harsh sentencing policies using a different framework of knowledge than thatwhich was used to implement sentencing policy in the postwar years. The increasein tabloid style journalism has seen the Trust <strong>and</strong> its common sense argumentsbecome a main source of information. As Fattah (1992b: 49) notes ‘[p]ressuregroups, by nature <strong>and</strong> by choice, lack the neutrality <strong>and</strong> impartiality necessary forsound, objective scholarship’. The Sensible Sentencing Trust uses simplifiedarguments to put forward its policies, offering little by way of ‘objectivescholarship’. In these respects, it typifies victims of crime, failing to acknowledge thecomplex relationship that exists between offender <strong>and</strong> victim. In doing so, the Trustignores the fact that for most victims, particularly victims of violent <strong>and</strong> sexualcrimes, the offender is an acquaintance whom they know, <strong>and</strong> not an ‘evil’ predatorroaming the street (Elias, 1986; Fattah, 1992b). For example, a study conducted in1993 on the prevalence of childhood sexual abuse in New Zeal<strong>and</strong> found that of the3,000 women included in the sample, the majority of the abusers were known to thevictim at the time; 38.3 percent of sex abuse episodes occurring with familymembers <strong>and</strong> 15 percent with strangers (Anderson, Martin, Mullen, Romans, &Herbison, 1993). Both these groups, the offenders <strong>and</strong> the victims, need assistance indealing with difficult circumstances <strong>and</strong> the argument should focus on treating bothgroups with respect <strong>and</strong> underst<strong>and</strong>ing (Wright, 1992). However, the SensibleSentencing Trust fails to do so. Instead, using emotional rhetoric to misrepresent the59
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AcknowledgementsWriting this thesis
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ContentsAbstract ..................
- Page 7 and 8: IntroductionIn September 2007, New
- Page 9 and 10: Thereafter, the Labourled coaliti
- Page 11 and 12: Postwar Security and Penalwelfa
- Page 13 and 14: the exterior of electoral politics,
- Page 15 and 16: social conditions, towards that whi
- Page 17 and 18: penal policy development where they
- Page 19 and 20: implementation of this legislation.
- Page 21 and 22: increasingly aware of crime, gainin
- Page 23 and 24: immigration was considered a threat
- Page 25 and 26: in agricultural exports, particular
- Page 27 and 28: The time would seem to be appropria
- Page 29 and 30: In keeping crime out of the public
- Page 31 and 32: The Labour Party’s response to th
- Page 33 and 34: across a multitude of family househ
- Page 35 and 36: Changes in New Zealand mediaThe dif
- Page 37 and 38: dominant feature of New Zealand soc
- Page 39 and 40: Despite its manifest contradictions
- Page 41 and 42: Governments and their civil servant
- Page 43 and 44: The Victims Task Force believed tha
- Page 45 and 46: eferendum into legislation, motivat
- Page 47 and 48: [New Zealand was] one of the safest
- Page 49 and 50: governments in the hope that ‘suc
- Page 51 and 52: McVicar paints of himself as the
- Page 53 and 54: that New Zealanders have been expos
- Page 55 and 56: This combination of circumstances c
- Page 57: Sympathy, empathy, commiseration an
- Page 61 and 62: illicit a response from the communi
- Page 63 and 64: Reform Bill). The Trust made submis
- Page 65 and 66: The willingness by Opposition MPs t
- Page 67 and 68: I remind [the National Party] that
- Page 69 and 70: However, the Labourled government
- Page 71 and 72: 6). While these opposing parties po
- Page 73 and 74: One development in particular incre
- Page 75 and 76: policymaking 32 . From 2000 to 2006
- Page 77 and 78: had removed suspended sentences as
- Page 79 and 80: Chapter Four:Resistance to Penal Po
- Page 81 and 82: 2004: 44). The situation worsened i
- Page 83 and 84: were designed to address New Zealan
- Page 85 and 86: $3.341 million annually from 2009/2
- Page 87 and 88: organisation, was interested in bur
- Page 89 and 90: Because of the capability of the me
- Page 91 and 92: The case of Graeme BurtonThe second
- Page 93 and 94: ‘parole should be a privilege, no
- Page 95 and 96: given the difficulties in measureme
- Page 97 and 98: package to prioritise this issue. H
- Page 99 and 100: emained insecure and overtly puniti
- Page 101 and 102: the end of its tenure. As a result,
- Page 103 and 104: The thesis has explained and analys
- Page 105 and 106: main determinants are addressed. As
- Page 107 and 108: Atkinson, J. (2002). Structures of
- Page 109 and 110:
Bureau of Justice Statistics (2008b
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Cullen, P., & Lloyd, C. (1991). Lob
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Department of Statistics (N.Z) (199
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Hall, G., & O'Driscoll, S. (2002).
- Page 117 and 118:
Johnson, R. J., & Ogloff, J. R. P.
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Maguire, M. (2002). Crime data and
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Ministry of Justice (2002a). Senten
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New Zealand Parliament (1993a). Cri
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asket.co.nz.helicon.vuw.ac.nz/searc
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O'Conner, D. (2006). Effective Inte
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Prisoners in line for waist restrai
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Sentencing Amendment Act. (2007). R
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http://www.stats.govt.nz/products
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contours of New Zealand (pp. 1111