University Essay: Criminology and Federal Sentencing in New Zealand

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This essay provides a comprehensive analysis of criminology and federal sentencing, focusing on the legal framework and criminal justice system in New Zealand. It begins by defining criminology and its relationship to criminal law, crime statistics, and public perception. The essay then delves into the origins of New Zealand's criminal law, referencing key legislation such as the Crimes Act 1961 and the Summary Offences Act 1981. The author reflects on personal experiences and media portrayals of crime, highlighting the impact of crime statistics and the public's fear of crime. The essay explores the role of criminology in understanding crime trends and criminal behavior, drawing upon the works of Reid, Feeley and Simon, and public perception surveys. It also examines the structure of correctional facilities and the federal sentencing system in New Zealand, with a particular focus on the use of specific sentencing guidelines and the role of parole. The author expresses concerns about inconsistencies in sentencing, the impact of parole on victims, and the potential risks associated with releasing offenders back into society, supporting their arguments with references to academic sources and real-life examples. The conclusion reflects on the complexities of applying criminology theories and the challenges of balancing punishment, reformation, and public safety.
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Running Head: CRIMINOLOGY AND FEDERAL SENTENCING
CRIMINOLOGY AND FEDERAL SENTENCING
Name of the Student
Name of the University
Author’s Note
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1CRIMINOLOGY AND FEDERAL SENTENCING
Criminology is the study of criminal law, criminal statistics, nature of crime, related
sentencing, punishments and perceptions of the public in relation to such crimes and the
punishments imposed. One such thesis is done here to bring out the study of crime and law
related to it, along with the study of federal sentencing. This thesis explains the crime and its
relations with the criminology and federal sentencing as the emphasized area of study.
The criminal law in New Zealand owes its origin to the English criminal law. the criminal
law in New Zealand was then legislated in a codified form in 1893. The assertions of crime is
based on the common law principles, but the related sentencing and the punishments and
penalties are codified in the criminal law of New Zealand. The primary criminal codified law
governing offences and related punishments is the crimes Act 1961 and subsequent amendments
relate to the law. However, minor offences are dealt under Summary Offences Act 1981.
I can relate to the crime statistics given in the police data stating that the crime rates rose
in 20th century. This instills a sense of fear and insecurity in me however, the reports are
expressly stating the rate of victimizations has reduced by 2.7% in 2018-2019. I can relate to the
fear from the continuous release of crime related statements and articles in media. However,
many crimes are unreported and hence, the official statistics may not reflect a true picture of the
crime assessment in the country. According to Reid 2015, it has been explained that criminology
is the study of crime and related aspects. It is a unique concoction of legal research and social
sciences in relation with the history and theories for its development. I agree with Reid that
criminology is more of a study of social sciences in relation with the application of legal
research. I would like to refer Feeley and Simon 1992, to argue that the language of penology is
what serves the emergence of a new development. This language and its development has its
own phase of pros and cons which relates to traditionalism and individualism of a person. In a
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2CRIMINOLOGY AND FEDERAL SENTENCING
2014 survey the public perception of crime explains that the people of New Zealand tend to
receive maximum information through television, newspapers, journals and media articles as the
primary source. However, the public perceives such issues as a problem of a different
neighborhood. However, I am majorly concerned about the crimes and its related problems in my
neighborhood. Such details we do not get on media or newspapers but the realization comes
when the event has already occurred. To avoid such a stance, I hope, the study of criminology
may be of help because it covers the surveys and statistics of crime which can help me relate the
crime and its trend in my locality. The criminology also deals with the nature of the crime and
characteristics of the criminal mind, so, I may get to know about these minds and natures of
crimes through the study of criminology so that I can become more alert and prompt in my
actions.
There are eighteen correctional facilities for adults in New Zealand. These correctional
facilities are also called prisons. The security levels in these prisons are divided in five levels:
minimum, low, low-medium, high, and maximum. The federal sentencing system in New
Zealand are in the form of specific guidelines. The guidelines of sentencing majorly emphasize
upon the existing sentencing and parole structures and developments that may be made in
relation to the same. My main concern lies with the facts that the purpose of sentence and
mitigating and aggravating factors should be related for it to deliver the outcome of reformation
in a person. The further concern lies in the difference between the judges and between the court
with respect to the sentencing may lead to significant inconsistency especially with respect to
minimal or lower end offences. However, the sentencing period is decided at the discretion of the
court and I have no relevancy of say in it. However, I can comment that the sentencing should be
such that it serves the purpose of punishing the offender. However, I have seen that victims and
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3CRIMINOLOGY AND FEDERAL SENTENCING
their supporters get agitated at the difference in sentencing between their expectation and
demand and the court’s order. In addition to these, the structure of parole allows the offender to
be released before the completion of the sentencing period, which agitates the victim and related
supporters. I, personally do not support the idea of parole because the victims and their
supporters have hatred against the offender and the offender once committed a grievous crime,
cannot be expected to return back to his or her good behavior while serving the sentence.
According to Rhine, Petersilia, and Reitz 2017 has been explained that the parole play a critical
role in the administration and formulation of prison policies and also add to the helping in end
mass incarceration. However, in my opinion, it sparks the memory of the case of Arthur William
Taylor who was a high profile prison inmate in Auckland. He said shortly before his release that
he wanted to study law and contribute to social work. However, he admitted to have escaped
from prison twelve times and smuggled out his sperm out of the prison which was later used to
impregnate his wife. During his serving period of 17 years and 6 months, he made 18th
appearance to the parole board which explains the repeated denial of his release. However, in
2019, he was finally released on parole which questions his “good behavior” and “reformation”
based on which the parole was granted. It concerns me with deep grief that with a person of such
background and behavioral flaws, the grant of parole has released him in the society amidst the
citizens endangering their life and property.
Therefore, it can be concluded that I may understand the theories of criminology with
respect to crimes and related aspects, its application in real life may be endangering and way
more confusing. However, in the second aspect, I support the idea of sentencing and
imprisonment but parole makes me feel of the danger that is roaming free in the society when he
or she should be in a confined area for his or her dangerous nature.
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4CRIMINOLOGY AND FEDERAL SENTENCING
REFERENCES:
"Public perceptions of crime and the criminal justice system survey – 2014 results". Ministry of
Justice. December 2014. Retrieved 4 October 2019
Feeley, M. M., & Simon, J. (1992). The new penology: Notes on the emerging strategy of
corrections and its implications. Criminology, 30(4), 449-474.
Reid, S. T. (2015). Crime and criminology. Wolters Kluwer Law & Business.
Rhine, E. E., Petersilia, J., & Reitz, K. R. (2017). The future of parole release. Crime and
Justice, 46(1), 279-338.
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