Judge takes hot air out of three strikes debate

Judge Eugene Hyman, of the Superior Court of California, has provided real insights into the way the three strikes law is working in practice in that state, says Labour Law and Order spokesperson Clayton Cosgrove.

“The debate on the law in New Zealand has been characterised until now by hot air and hearsay on the part of ACT and National,” Clayton Cosgrove said.

“With Justice Minister Simon Power and his ministry officially sidelined on the issue, the debate has been left to ACT’s David Garrett, with Police Minister Judith Collins riding shotgun in support. This law has become far more about egos than it is about achieving anything to help victims or to create a safer society.

“The result has been long on emotion, extremely short on evidence and analysis. David Garrett is an enthusiastic advocate of the Californian style of doing things, and along the way Judith Collins has joined hands with him as they tiptoe into some promised land that seems to be mostly of their own imagination.”

Clayton Cosgrove said Judge Hyman, who has been visiting New Zealand to discuss domestic violence issues, had raised genuine doubts about the effectiveness of the so-called Californian solution.

“Judge Hyman says that while New Zealand’s law is not as hard-line as California’s, he still questions the deterrent effect of the three strikes policy.

“Judge Hyman says that from his experience he believes offenders do not think through the punishment before committing the crime.”

Clayton Cosgrove said it was sobering to learn that Judge Hyman says he has been forced to pass down sentences that he considers to be overly harsh.

“As David Garrett and Judith Collins ride off into the sunset of logic, brandishing their avenging swords above their heads, they claim defensively that their law in New Zealand will still give judges some flexibility.

“The point is, however, that the courts should never be put in the position in the first place of becoming politicised in this way. History will judge Simon Power and his ministry kindly for having no part of this charade.”