Monday, August 07, 2006

Dysfuntional Justice System

I have been surprised by the amount of backlash against both the Rotorua city council and the police with regards to the RCC's proposal to ban repeat criminals from the city center for periods of time.

The main reason for my surprise being centered around the fact that the main reasons that people are touting are actually showing the dysfunctional nature of the justice system, not either of the two parties they tend to focus on.
Where you have a repeat offender to the tune of over 80 offences that is still offending, it is not the police you should blame.  They have done their job - hence the convictions for 80+ offences.  It is the justice system that keeps recycling this type of individual into our society with whom umbrage should be taken.

It would seem to be a failing of our current system that it does tend to take the view that once a criminals "debt to society" is "paid" (IE time served, fine paid, fine waived due to insufficient means...) that this should take little to no part in determining future sentences, and most particularly; cannot be used to escalate the offence with which one has been charged. 

In the latter point one would think that a system much like that of the NRL should be used - where a person accumulates their penalty points against their record and this is used to determine appropriate atonement in conjunction with the seriousness of the current offence.  This would remove the need for the RCC to enact their current bylaw - the people who they are banning would still be being dealt with by the appropriate authorities, and it would free up the police from needing to deal to the same criminals on as frequent a basis.  Because the simple fact is someone else won't start offending because other offenders have been removed.  Crime does not increase to populate a vacuum...
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