“Contrasts in Tolerance” in a Single Jurisdiction: The Case of New Zealand

There is considerable literature on the causes of punitiveness in late modern society. Penal tolerance and its causes are less well studied. Both studies of punitiveness and tolerance have relied on analysis of single jurisdictions across time, or comparatively across jurisdictions. New Zealand offe...

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Bibliographic Details
Published in:International criminal justice review 2013-09, Vol.23 (3), p.217-232
Main Author: Lynch, Nessa
Format: Article
Language:English
Subjects:
Adults
Crime and criminals
Criminal justice
Criminal procedure
Jurisdiction
Legislation
New Zealand
Public policy
Victims of crime
Youth
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Summary:There is considerable literature on the causes of punitiveness in late modern society. Penal tolerance and its causes are less well studied. Both studies of punitiveness and tolerance have relied on analysis of single jurisdictions across time, or comparatively across jurisdictions. New Zealand offers a perhaps unique case study of a jurisdiction that hosted a tolerant and progressive youth justice and a punitive adult justice system in the same time period. This article considers three factors that have operated differently in each system to promote punitiveness or tolerance in the two decades from 1989. These are the mode of legislative and policy development, the participation of victims of crime in the criminal process, and how legislation and policy are implemented by professional decision makers.
ISSN:1057-5677
1556-3855
DOI:10.1177/1057567713498094