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NCJRS Abstract

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NCJ Number: 161058 Find in a Library
Title: Revival of Preventive Detention in New Zealand 1986-93
Journal: Australian and New Zealand Journal of Criminology  Volume:28  Issue:3  Dated:(December 1995)  Pages:225-257
Author(s): J Meek
Date Published: 1995
Page Count: 33
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Australia
Annotation: This article identifies factors that influenced the revival of preventive detention in New Zealand (1986-93) and critiques the policy that has emerged.
Abstract: A sensational offense by a recently release prisoner with a long history of sexual offending led to the scope of preventive detention being extended in 1987, prompting a dramatic increase in the use of this sentence by the New Zealand courts. A committee of inquiry had previously criticized this sentence, which provides for the indefinite detention of dangerous offenders, as "arbitrary, selective and inequitable" and recommended its abolition. In the 1987-93 period, a total of 48 persons received this sentence, compared with 28 during the previous 19 years. The revival of preventive detention is a case study of law-and-order politics, since this previously seldom- used sentence became a central feature of the efforts of successive governments to respond to increasing levels of violent crime. The principal deficiencies of this sentence are inconsistency in its use; its lack of focus and the Court of Appeal's failure to provide meaningful guidance to judges; and the severity of the sentence, which involves detention for a minimum term of 10 years. 7 tables, 35 notes, and 32 references
Main Term(s): Foreign courts
Index Term(s): Foreign laws; New Zealand; Political influences; Preventive detention
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