Even the USA has ditched Three Strikes

Posted: July 2, 2015 in civil rights, New Zealand
Tags: , ,

Johnson vs United States has concluded, and the US Supreme Court has ruled that Three Strikes laws are unconstitutionally vague, and cannot be enforced.

Where does this leave our own Three Strikes law? People actually involved in the justice system have been claiming it doesn’t work for various reasons.

Hopefully as ACT is now largely irrelevant, the government will soften or repeal the amendement act passed in 2010, or it will be gone when the government changes. The only real support for the law seems to be in the mis-named SST, who are claiming credit for it dropping reported crime rates, despite the law not being in effect long enough to have made a difference as anything other than a deterrent. (And there’s an argument against its powers as a deterrent in the link I provided above)

One of the more ludicrous problems with importing extreme right-wing legislation from the USA is that it’s often poorly drafted, doesn’t fit within legal principles, and just plain doesn’t work. If this is all ACT is going to bring in its coalition agreements, it’s a good thing the party is on electorate life-support. There is a reason why the previous law set guidelines for sentencing but largely left the specifics to judges: Judges can inject context of the crime into their decision and adjust sentences up or down as is appropriate to the crime, and parole can be used to address cases where either the judge was too harsh, or the person convicted has responded well to rehabilitation. The Three Strikes law undermines both of those advantages to normal sentencing and parole regime.

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Comments
  1. […] political voice to strike down say, that abomination against natural justice that is the Three Strikes Law, which stops judges from exercising their discretion to sentence people leniently where it’s […]

  2. […] the Governor General never acts, even when it might arguably be justified, such as laws that have blatant and unjustified disregard to human rights. We politely call these “reserve powers,” labouring under the blissful illusion that a […]

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