PART 4: COURTS AND SENTENCING
COURTS AND SENTENCING
Boot camps
RESEARCH
Done by: Institute of Criminology (Victoria University of Wellington)
Funded by: -
Method: Literature review
Status: Completed
PUBLICATIONS AND REPORTS
Title: Giving boot camps the boot
Author(s): Walters, R. and A. Morris
Completed: YES
Availability: Criminology No. 4, September 1995. Wellington: Institute of Criminology, Victoria University of Wellington
Description: Reviews research on the effectiveness of boot camps.
Keywords: boot camps, recidivism, sentencing, sentencing effectiveness, youth
Notes:
COURTS AND SENTENCING
RESEARCH
Done by: Author
Capital punishment
Funded by: -
Method: Literature review, qualitative study, interviews
Status: Completed
PUBLICATIONS AND REPORTS
Title: Capital punishment in New Zealand: an experiment that failed
Author(s): Newbold, Greg
Completed: YES
Availability: Deviant Behaviour, 1990; 11(2):155-74
Description: ABSTRACT. In 1935 New Zealand became one of the first nations in the world to abandon the death penalty for murder. Fifteen years later capital punishment was recalled before being withdrawn again in 1950. Existence of the scaffold had little effect on the nation's homicide figures. It did, however, impact heavily on the individuals charged with administering the penalty, and through them on prison management as a whole. The current research arises out of a more comprehensive study of the history of the maximum security prison in New Zealand, based on archival material and on the firsthand reports of prison officers and inmates. In the context of a society which is currently experiencing a "wave" of violent crime, the paper questions not only the efficacy of capital punishment, but also the consequences of its application for the penal system at large.
Keywords: capital punishment, death penalty, fear of crime, murder, prison inmates, prisons, sentence administration, sentencing, sentencing effectiveness, system efficiency/effectiveness, violent crime
Notes:
COURTS AND SENTENCING
Child sexual abuse expert witnesses
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Literature review, qualitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Child sexual abuse study: role of expert witnesses in criminal trials
Author(s): Whitney, Lynne, and Angela Cook
Completed: YES, 1988
Availability: Wellington: Department of Justice, 1988. ISBN 0-477-07202-X
Description: The report has three parts: (a) a literature review to examine the "state of the art" with respect to the dynamics and behavioural symptoms of sexual abuse, the diagnostic interview, and developmental psychology, as they relate to evidence and/or advice given by a child specialist to the court in cases of sexual abuse; (b) an investigation into what role child psychologists and other child specialists are presently playing the criminal court process; (c) interviewing child psychologists and others involved in child sexual abuse cases to investigate the types of evidence that could be provided, the acceptability of such evidence and other roles that specialists could play in the court process.
Keywords: adjudication, child sexual abuse, courts, expert witnesses, prosecution, sexual abuse, system efficiency/effectiveness, victims, witnesses
Notes:
COURTS AND SENTENCING
Child witnesses-registrars' perspective
RESEARCH
Done by: Department for Courts
Funded by: Department for Courts on behalf of the Courts Consultative
Committee's
sub-committee on child witnesses
Method: Survey, using structured questionnaires
Status: Completed
PUBLICATIONS AND REPORTS
Title: Survey of Court Registrars on the practice and facilities available for child witnesses
Author(s): Department for Courts
Completed: YES
Availability: Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820
Description: -
Keywords: child complainants, child witnesses, closed circuit television, courts, court facilities, evidence, prosecution, screens, sexual abuse, system efficiency/effectiveness, victims, videotaped evidence, witnesses
Notes:
COURTS AND SENTENCING
Child witnesses review
RESEARCH
Done by: Author
Funded by: Health Research Council
Method: Literature review, qualitative study
Status: IN PROGRESS, expected completion at end of 1996
PUBLICATIONS AND REPORTS
Title: Courtroom questioning of child witnesses who allege sexual abuse
Author(s): Davies, Emma
Completed: YES, April 1996
Availability: Contact author, Psychology Department, The University of
Auckland,
Private Bag 92-019, Auckland, or The Library, Department for Courts,
P O Box 180, Wellington.
Description: [Not provided]
Keywords: child witnesses, closed circuit television, courts, education, lawyers, legislation impacts, screens, sexual abuse, system efficiency/effectiveness, victims, videotaped evidence, witnesses, youth
Notes:
COURTS AND SENTENCING
Child witnesses-children's and carers' perspectives
RESEARCH
Done by: Author
Funded by: Health Research Council, The University of Auckland, and Department for Courts
Method: Literature review, qualitative study, quantitative study
Status: IN PROGRESS, expected completion date 1998
PUBLICATIONS AND REPORTS
Title: Report to Working Party on Child Witnesses
Author(s): Davies, Emma
Completed: YES, January 1996
Availability: Contact author, Psychology Department, The University of
Auckland,
Private Bag 92-019, Auckland, or The Library, Department for Courts,
P O Box 180, Wellington.
Description: Consultation with police, social workers, evidential interviewers, counsellors and medical practitioners involved in cases of child sexual abuse in the Auckland region. Consultation conducted for Working Party on Child Witnesses (established by Courts Consultative Committee) to highlight the key issues that practitioners believe need to be addressed for child witnesses within the remit of existing legislation.
Keywords: child witnesses, sexual abuse, victims, witnesses, youth
Notes:
Title: Child witnesses: a review of the literature
Author(s): Davies, Emma
Completed: YES, April 1996
Availability: Contact author, Psychology Department, The University of
Auckland,
Private Bag 92-019, Auckland, or The Library, Department for Courts,
P O Box 180, Wellington.
Description: 1. Literature review for Working Party on Child Witnesses includes literature on education for court, modes of evidence, questioning of children. 2. Article linking literature on child witnesses to UN Convention on Rights of the Child.
Keywords: child witnesses, courts, sexual abuse, victims, witnesses, youth
Notes:
COURTS AND SENTENCING
Child witnesses: lawyers' perspective
RESEARCH
Done by: Department for Courts
Funded by: Department for Courts, Crown Law Office
Method: Postal survey using structured questionnaires
Status: Completed
PUBLICATIONS AND REPORTS
Title: Surveys of law practitioners on the law and practice for child witnesses
Author(s): Department for Courts
Completed: YES
Availability: Limited - Summary of findings prepared for Courts Consultative Committee, Department for Courts, P O Box 180, Wellington.
Description: Law and practice with respect to child witnesses, particularly child complainants in sexual abuse cases, from the perspective of Crown Solicitors and defence counsel. Please note very small samples; three responses from defence counsel and 11 from Crown Solicitors.
Keywords: child complainants, child witnesses, closed circuit television, court facilities, courts, legislation impacts, screens, sexual abuse, system efficiency/effectiveness, victims, videotaped evidence, witnesses
Notes:
COURTS AND SENTENCING
Closed-circuit television
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Qualitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: The use of closed-circuit television in New Zealand courts: the first six trials
Author(s): Whitney, Lynne and Angela Cook
Completed: YES
Availability: Wellington: Department of Justice, December 1990. ISBN 0-477-07613-0
Description: The primary purpose of the law reforms providing for the use of closed-circuit television and other modes of giving evidence is to minimise stress on the complainant in child sexual abuse cases. The indications from these trials are that the use of closed-circuit television did relieve some stress, allowing witnesses to give evidence more freely. Although the conclusions are necessarily tentative because of the small number of occasions involved, the general view from these trials has been that they have successfully piloted this method of presenting evidence to court.
Keywords: closed-circuit television evidence, courts, prosecution, child sexual abuse, system efficiency/effectiveness, victims, witnesses
Notes:
COURTS AND SENTENCING
Community service sentence profile
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study, established programme evaluation
Status: YES
PUBLICATIONS AND REPORTS
Title: Use of community service orders: offenders, offences, and sentence
Author(s): Leibrich J., B. Galaway and Y. Underhill
Completed: YES, 1984
Availability: In Community service orders in New Zealand, March 1984, pp3-26. Wellington: Department of Justice ISSN 0110-5779. Associated journal articles is The use of community service orders, Leibrich, J. in Australian and New Zealand Journal of Criminology, 1985; 18:85-94
Description: ABSTRACT. The community service sentence was introduced in New Zealand in February 1981. Community service of not less than eight hours and not more than 200 hours may be imposed on any person convicted of an offence punishable by imprisonment who consents to its use. The sentence is administered by the Probation Division of the Department of Justice. Data are presented to describe community service participants. The population studied included 50% of all persons who received a community service sentence during the first 21 months of its use (n=1,534). Women and Maori were over-represented in community service sentences. Over half the offences (55%) for which people were sentenced to community service were property offences, with traffic offences (27%) the second most common group, followed by offences against the person (16%) and against justice (2%). The average sentence length was 89 hours, with approximately a quarter of the group (24%) being given over 100 hours of community service. Women received shorter sentences than men. An additional sentence of probation, disqualification or fine was given to just over half (52%) of the group.
Keywords: community corrections, criminal behaviour, offences, offenders, sentence administration, sentencing
Notes:
COURTS AND SENTENCING
Conviction and sentencing
RESEARCH
Done by: Department of Justice, Ministry of Justice
Funded by: Department of Justice, Ministry of Justice
Method: Quantitative study
Status: IN PROGRESS, ongoing
PUBLICATIONS AND REPORTS
Title: Conviction and sentencing of offenders in New Zealand: 1981 to 1990
Author(s): Spier, Philip, Pamela Southey and Marion Norris
Completed: YES
Availability: Wellington: Department of Justice, 1991. ISBN 0-477-07623-8
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Each Conviction and Sentencing report includes one or more special topics where an examination was made of a particular issue. The examinations are usually one-off, and are included in the report so that the information is available to a wider audience. Special topic in this edition was: trends in cases which are discharged without conviction under Section 19 of the Criminal Justice Act 1985.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
Title: Conviction and sentencing of offenders in New Zealand: 1982 to 1991
Author(s): Spier, Philip, Marion Norris and Pamela Southey
Completed: YES
Availability: Wellington: Department of Justice, 1992. ISBN 0-477-07646-7, ISSN 1172-0638
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Special topics: offenders serving a substitute sentence for failing to pay a monetary penalty; sentencing for offences involving driving causing death or injury over the period 1986 to 1990; and the effect on pleas of two new pieces of legislation concerned with complainants' evidence in sex offence cases.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
Title: Conviction and sentencing of offenders in New Zealand: 1983 to 1992
Author(s): Spier, Philip and Marion Norris
Completed: YES
Availability: Wellington: Department of Justice, 1993. ISBN 0-477-07667-X, ISSN 1172-0638
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Special topics: the proportion of imposed prison sentences which are served; and the effect on court statistics of the introduction of the police pre-trial diversion scheme.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
Title: Conviction and sentencing of offenders in New Zealand: 1984 to 1993
Author(s): Spier, Philip
Completed: YES
Availability: Wellington: Department of Justice, 1994. ISBN 0-477-07681-5, ISSN 1172-0638
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Special topics: comparison of imprisonment rates in New Zealand and Australia; and examination of trends in offending by "older" people i.e. aged 35 or over.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
Title: Conviction and sentencing of offenders in New Zealand: 1985 to 1994
Author(s): Spier, Philip
Completed: YES
Availability: Wellington: Ministry of Justice, 1995. ISSN 1172-0638
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Special topics: the use of suspended sentences of imprisonment in the 1994 calendar year, the first full year since the introduction of the sentence in New Zealand from 1 September 1993; the proportion of sentence served by people eligible for parole after serving one-third of the sentence imposed; the use of reparation as a sentence over the period 1991 to 1994; and examination of trends in prosecutions for young adults i.e. aged 17 to 20 years old.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, reparation, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
Title: Conviction and sentencing of offenders in New Zealand: 1986 to 1995
Author(s): Spier, Philip
Completed: NO, planned completion date November 1996
Availability: Wellington: Ministry of Justice, 1996. ISSN 1172-0638
Description: Analysis of trends in the types of offences resulting in convictions and the sentences imposed, over the last decade. Special topics: use of suspended imprisonment sentences; use of reparation; and changes in the seriousness of offending.
Keywords: adjudication, crime statistics, drug offences, drugs, fines, good order offences, legislation impacts, offence seriousness, offences, offences against the administration of justice, offenders, prison inmates, property offences, prosecution, reparation, sentencing, sex offences, traffic offences, traffic offences, violent crime, youth offenders
Notes:
COURTS AND SENTENCING
Counter customers survey, Manawatu
RESEARCH
Done by: Team Consultants Ltd.
Funded by: Department of Justice
Method: Qualitative study, [quantitative study]
Status: Completed
PUBLICATIONS AND REPORTS
Title: Customer service survey in central region
Author(s): Team Consultants Ltd
Completed: YES, 1993
Availability: Apply to Mike Askew, Change Project Office, Department
for Courts,
Palmerston North.
Description: INTRODUCTION [abridged]. In 1992, all courts in the region participated in a survey of the number of attendances at the counter. That survey was completed over an eight week period. The survey discloses that over this period, there were 31,441 attendances or an average of 806 each day throughout the region. Of these attendances, 2,460 were by customers who made enquiries on matters that did not relate to court business. Later that same year, three courts participated on a survey of the number of telephone calls received during a four week period. These volumes clearly indicate the volume of contact with customers. It also clearly indicates that if the courts are to be successful in their operations, there must be a clear focus of meeting the needs of their customers. In 1993, a survey was carried out by T.E.A.M. consultants to ascertain the level of customer service provided in each court to customers attending in person at the counter and to those who telephone the particular office. Each court in the region was surveyed and each was visited a number of times in person or staff spoken to by telephone.
Keywords: access to justice, attitudes, courts, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Court customers' services review
RESEARCH
Done by: -
Funded by: Department for Courts
Method: Literature review
Status: IN PROGRESS, expected completion date, 31 July 1996
PUBLICATIONS AND REPORTS
Title: The provision of court services for court customers in New Zealand: a literature review and annotated bibliography
Author(s): Knaggs, Patricia
Completed: YES, June 1996
Availability: Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820
Description: Aim. To find out what literature said about operational needs of New Zealand court customers and the extent to which these needs have been addressed; a preliminary stage of implementing the Customer Services Improvement Programme for Department for Courts. Methodology. Collected literature through literature searches and written requests. Findings. Some groups, such as victims and judiciary had their operational needs addressed frequently in the literature, while other customers, such as police and defendants, had not been covered. However, there was a factor here - if more time available, more searches could have been undertaken.
Keywords: access to justice, case processing, courts, education, ethnic issues, gender issues, human rights, lawyers, judiciary, juries, Maori, offenders, Pacific Islands peoples, prosecution, system efficiency/effectiveness, victims, white-collar crime, witnesses, youth
Notes:
Title: The provision of court services for court customers in Australia, Canada and the United Kingdom: a literature review and annotated bibliography
Author(s): Knaggs, Patricia
Completed: YES, July 1996
Availability: Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820
Description: Aims. To determine the extent to which operational needs of court customers in Australia, Canada and the United Kingdom have been addressed in the literature. Part of development and implementation of Customer Services Improvements Programme for Department for Courts in New Zealand. Methodology. Literature searches and information requests.
Keywords: access to justice, attitudes, bias, case processing, courts, education, ethnic issues, gender issues, human rights, lawyers, judiciary, juries, media, offenders, system efficiency/effectiveness, victims, white-collar crime, witnesses, youth
Notes:
COURTS AND SENTENCING
Courthouse facilities
RESEARCH
Done by: Department of Justice for the Courts Consultative Committee
Funded by: Department of Justice
Method: Qualitative study, quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Courthouse facilities: current situation and initiatives
Author(s): Courts Consultative Committee
Completed: YES, 1995
Availability: Contact The Secretary, Courts Consultative Committee,
Department for Courts,
P O Box 180, Wellington.
Description: 1. Survey on courthouse facilities (on the provision of services and facilities in courts nationwide undertaken in April 1994). 2. Report on the survey results dated 22 June 1995 produced. 3. Report dated 8 February discussing strategies to improve the provision of services and facilities identified in the report of June 1995 on courthouse facilities.
Keywords: case processing, community safety, courts, gender issues, health, human rights, Maori, Pacific Islands peoples, prosecution, restorative justice, system efficiency/effectiveness, victims, witnesses
Notes:
COURTS AND SENTENCING
Criminal legal aid
RESEARCH
Done by: Centre for Research, Evaluation and Social Assessment
Funded by: Legal Services Board
Method: Literature review, qualitative study, quantitative study, interviews, [established programme evaluation]
Status: Completed
PUBLICATIONS AND REPORTS
Title: In the interests of justice: an evaluation of criminal legal aid in New Zealand
Author(s): Saville-Smith, K., G. Newbold, G. Allan, B. Calkin, L. French, D. Young, N. Parata and B. McCombs
Completed: YES
Availability: Wellington: Legal Services Board, 1995
Description: This project looked at the costs, effectiveness and administration of Criminal Legal Aid in New Zealand. It identified the strong and weak points of the current system and made numerous recommendations for change. Surveyed focus groups, key informant interviews, systems review, literature search.
Keywords: access to justice, adjudication, courts, lawyers, judiciary, legal aid, prosecution, system efficiency/effectiveness
Notes:
Title: Legal services needs and provision
Author(s): -
Completed: NO, planned completion date January 1997
Availability: -
Description: The Board is seeking to create a demographic profile of those groups in the community who are likely to experience barriers to accessing legal services; to identify their service needs and to identify the location and nature of legal services currently being provided.
Keywords: access to justice, education, legal aid, legal needs, legal services, Maori, Pacific Islands peoples, youth
Notes:
COURTS AND SENTENCING
Custodial remands
RESEARCH
Done by: Young and Cameron, Policy and Research Consultants
Funded by: Department of Justice
Method: Literature review, qualitative study, quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Custodial remands: practice and policy options
Author(s): Young, W. and N. Cameron
Completed: YES, 1994
Availability: Contact Ministry of Justice, P O Box 180, Wellington
Description: Aims. To look at reform options in custodial remands - practice and policy options. Methodology. Empirical data obtained on nature of the custodial remand population and length of stay.
Keywords: adjudication, case processing, courts, custodial remands, length of stay
Notes:
COURTS AND SENTENCING
District Court Status Hearing Pilot
RESEARCH
Done by: Evaluation Associates
Funded by: Department for Courts
Method: Pilot programme evaluation
Status: IN PROGRESS, expected completion date end of 1996
PUBLICATIONS AND REPORTS
Title: Evaluation of Auckland District Court Status Hearing Pilot
Author(s): Jakob-Hoff, Maggie and Bruce Cropper
Completed: NO, planned completion date end of 1996
Availability: Not decided
Description: The objectives of the project are to evaluate: how the pilot scheme is currently operating, and any possible improvements; the extent to which the stated objectives of the pilot scheme are being met; overall cost effectiveness of the pilot and cost implications for professionals and parties involved in the scheme; resource and other implications for possible implementation in other courts (such as training needs etc.). The research will involve interviews and questionnaire surveys of pilot participants and stakeholder representatives, and quantitative data analysis of case based information.
Keywords: case processing, courts, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
District Court workload
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Incoming district court workload
Author(s): Hong, Bev
Completed: YES
Availability: Wellington: Department of Justice, November 1988. ISBN 0-477-07242-9
Description: The purpose of this project was to establish the recent trends in the number of incoming workload items and judge sitting times, and to predict future workload figures to 1990, for the various jurisdictions of the District Court. Difficulties were experienced with the accuracy of the statistics collected by the courts. The study used recent incoming workload trends for prediction. This assumes that factors influencing the most recent trend will remain consistent over the next few years.
Keywords: adjudication, courts, District Court, forecasting and modelling, judiciary, prediction, system efficiency/effectiveness, workload
Notes:
COURTS AND SENTENCING
Duty Solicitor scheme
RESEARCH
Done by: Institute of Criminology (Victoria University of Wellington)
Funded by: Legal Services Board
Method: Qualitative study, quantitative study, [established programme evaluation]
Status: Completed
PUBLICATIONS AND REPORTS
Title: First line of defence: the work of the duty solicitor
Author(s): Maxwell, G.M., J.P. Robertson and A. Morris
Completed: [YES]
Availability: Wellington: Legal Services Board, March, 1994. 110pp. Apply to Legal Services Board, P O Box 5333, Wellington. Summary of the views of the 112 interviewed defendants presented in Criminology No. 2, October 1994.
Description: ABSTRACT. The Duty Solicitor scheme is a central and fundamental part of access to justice in New Zealand. The goal for this study was to describe the way in which the scheme currently operates, and to evaluate its effectiveness. The study reports on observations of 43 duty solicitors speaking to 301 defendants in 5 court areas; it reports on interviews with 112 defendants; it presents data on observations of unrepresented defendants and interviews with key professionals and service providers. The findings emphasise the importance of the role assumed by the duty solicitor, the support systems provided by the court, the training of the duty solicitors, and the system of management of District Courts' criminal lists. Specific recommendations include detail on how changes in duty solicitor instructions and District Court procedures could considerably improve the quality of advice and the access to justice for criminal court defendants. The report also discusses particular needs for Maori and Pacific Islands defendants.
Keywords: access to justice, courts, lawyers, legal aid, legal services, Maori, offenders, Pacific Islands peoples, prosecution, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Ethnicity and gender bias
RESEARCH
Done by: Author
Funded by: -
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Effect of ethnicity and gender on sentencing
Author(s): Deane, H.
Completed: YES
Availability: In Criminology No. 3, 1995. Wellington: Institute of Criminology, Victoria University of Wellington
Description: This article is based on part of a PhD thesis which set out to examine the effects on sentencing of ethnicity and gender.
Keywords: bias, courts, ethnic issues, gender issues, Maori, sentencing
Notes: Also PhD thesis.
COURTS AND SENTENCING
Impact of Criminal Justice Act 1985
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: The impact on sentencing of the Criminal Justice Act 1985
Author(s): Spier, Philip and Francis Luketina
Completed: YES, 1988
Availability: Wellington: Department of Justice, September 1988. ISBN 0-477-07231-3
Description: This report examines the effect of the Criminal Justice Act 1985 on sentencing, by comparing sentencing before and after its introduction, in particular, the sentencing of violent and property offenders. Since 1985 there have been some changes to custodial sentencing which are in line with what was expected to result from the legislative provisions introduced in the Act, especially in sections 5, 6, and 7. Other changes to sentencing are contrary to what was expected. There was an increase in the proportion of serious violent offenders given a custodial sentence in 1986, as expected under section 5 of the Act, but for a number of individual serious violent offences there were unexpected decreases in this proportion in 1987. However, only for injuring or wounding and robbery was this decrease sufficient to reduce the proportion of offenders given a custodial sentence to a level below that seen prior to the introduction of this Act. There were increases in the average custodial sentence lengths imposed on serious violent offenders, as was expected under section 5, but in addition there were unexpected increases for most other offences. There have been decreases in the proportion of property offenders given a custodial sentence as expected under section 6 of the Act, but there had been a larger decrease in 1985, prior to the introduction of the new Act, and the decreases in 1987 were unexpectedly also observed for most other types of offence, including some violent offences.
Keywords: crime statistics, legislation impacts, offenders, property offences, sentencing, violent crime
Notes:
COURTS AND SENTENCING
Imprisonment trends
RESEARCH
Done by: Victoria University of Wellington
Funded by: Victoria University of Wellington, and E.S.R.C. (U.K.)
Method: Literature review, quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: The use of imprisonment: trends and cross-national comparisons
Author(s): Young, Warren and Mark Brown
Completed: YES
Availability: In Crime and justice: an annual review of justice, 1993; Vol. 17. University of Chicago Press.
Description: Looking at trends and influences upon the use of imprisonment both within jurisdictions over time and between one jurisdiction and another. Attempts to advance some preliminary explanations for the differences in the use of imprisonment.
Keywords: prisons, punishment, sentence administration, sentencing, sentencing effectiveness
Notes:
COURTS AND SENTENCING
Juror excusals
RESEARCH
Done by: Department for Courts Case Processing
Funded by: Department for Courts
Method: Literature review, quantitative study
Status: IN PROGRESS, expected completion date August 16, 1996
PUBLICATIONS AND REPORTS
Title: [Juror excusals]
Author(s): -
Completed: NO, planned completion date 16 August 1996
Availability: Undecided, to be reviewed on completion of the report.
Description: The objectives of the project are to provide research findings which will inform us of the manner in which the juror excusal system is currently operating in New Zealand courts. In particular: to examine the rates of and categorise the excusals which are requested; to examine the reasons within the categories (especially in relation to employment); to compare the percentage of and categories of excusals requested and granted between courts; to provide a percentage breakdown of the reasons why summonsed jurors are not subsequently available to serve on a jury (summons not received, excusals (written excusals, other than written), exemptions, non-attendance without notification); and if time permits to consider the results with respect to the existing protections for employees summonsed for jury service and whether these are adequate AND the criteria that might apply for approval or denial of requests for excusal by both employers and employees. A content analysis will be undertaken on court files from a sample of 10 courts from 8 court regions. The information to be analysed will be for the last trial week in September 1995, December 1995, January 1996 and March 1996.
Keywords: case processing, courts, excusal criteria, excusals, exemptions, juries, jury management system, jury service, jury summons
Notes:
COURTS AND SENTENCING
Jurors' experiences
RESEARCH
Done by: Author
Funded by: -
Method: Literature review, qualitative study, quantitative study
Status: IN PROGRESS, expected completion date February 1997
PUBLICATIONS AND REPORTS
Title: A study of jurors' experiences in New Zealand
Author(s): Palmer, Rachel
Completed: NO, planned completion date February 1997
Availability: Victoria University of Wellington Library, P O Box 600, Wellington.
Description: Objectives. 1. To gather a range of information from jurors who have recently served on juries in New Zealand. In particular, to enquire about jurors' subjective experience in relation to their safety and general well-being during and after jury service. 2. To determine the nature and extent of juror stress in a population of New Zealand jurors. In particular, to explore the physical, psychological and emotional impact of serving on trials involving violent and sexual offences. 3. To survey jurors' opinions on formal counselling and de-briefing services. 4 At the completion of this research, to be able to provide practical suggestions and recommendations which ultimately may be used to improve the experiences of jurors and subsequently improve the quality of the justice process. Method of data collection. A survey of jurors using structured anonymous postal questionnaires. The sample will consist of approximately 468 jurors who served on 39 trials during the year 1 August 1995 to 31 July 1996 involving mandatory indictable violent and sexual offences.
Keywords: counselling, courts, debriefing, evidence, health, juries, jury service, safety, sexual offences, stress, trauma, victimisation, victims, violent offences
Notes: M.A.(Applied) Criminal Justice thesis, Victoria University of Wellington.
COURTS AND SENTENCING
Jurors' satisfaction survey
RESEARCH
Done by:
Funded by: Courts Executive of the Department of Justice
Method: Questionnaire sent to selected jurors
Status: Completed
PUBLICATIONS AND REPORTS
Title: Jurors' concerns and the jury system
Author(s): Department of Justice
Completed: YES
Availability: Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820
Description: Objective was to find out reactions of jurors to serving on a jury. Jurors in a number of selected courts were given a questionnaire to complete. These were returned and the results analysed. Generally jurors were satisfied but there was room for improvement in areas such as information provided and payments made.
Keywords: attitudes, case processing, courts, juries, jurors' concerns, jury administration, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Jurors' stress
RESEARCH
Done by: Wellington Victim Support Group
Funded by: -
Method: Literature review, qualitative study
Status: Completed, December 1995
PUBLICATIONS AND REPORTS
Title: Jurors: victims of the criminal justice system - an issues paper
Author(s): Palmer, Rachel
Completed: YES
Availability: From author, or Victim Support, Police National Headquarters, Wellington
Description: The Wellington Victim Support Group commissioned this research after becoming increasingly concerned about the level of stress and trauma experienced by jurors on certain trials. Anecdotal evidence and research studies indicate that jurors may experience elevated levels of stress as a result of jury service, with possible negative consequences to both their physical and mental health. The researcher interviewed ten Wellington jurors and consulted with court officials and victim support groups throughout New Zealand. The paper explores the concept of juror victimisation by discussing the nature, extent and impact of juror stress. Possible criminal justice responses are discussed in relation to improving conditions for jurors and alleviating stress and trauma through assistance to distressed jurors. In particular, the paper recommends the establishment of jurors' rights; pre-trial orientation and instructions to jurors; and post-trial debriefing to minimise the impact of traumatic jury service.
Keywords: counselling, courts, debriefing, evidence, health, juries, safety, stress, trauma, victimisation, victims
Notes: Submission to the Hon. Douglas Graham, Minister of Justice on changes and additions to court procedures in relation to jurors' rights, preparation and debriefing.
COURTS AND SENTENCING
Jury composition
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Qualitative study, quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Trial by peers: the composition of New Zealand juries
Author(s): Dunstan, S., J. Paulin and K. Atkinson
Completed: YES, July 1995
Availability: Wellington: Department of Justice. ISBN 0-477-07691-2
Description: ABSTRACT. The survey findings and interviews with judges, lawyers and court staff suggest that juries are not representative of our communities. Significant groups were found to be under-represented both because of the way the jury pool was assembled and because of the way challenges were used. Three quarters of the people summonsed for jury service did not attend. A further one third of those balloted for juries were challenged by counsel who used a wide range of assumptions when deciding who to challenge. Prosecution and defence counsel demonstrated distinctly different patterns of challenge. The results have implications for the way we select our juries and also for the concept of trial by peers.
Keywords: adjudication, courts, juries, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Jury trials caseflow
RESEARCH
Done by: Industrial Research Ltd
Funded by: Department of Justice Court Executive
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Trends, backlogs and clearance rates in jury trials: January 1990 - June 1994
Author(s): Barr, Hugh and Matthew Hobbs
Completed: YES, 1994
Availability: Auckland: Industrial Research Limited, 1994. Contact Department for Courts Library, P O Box 180, Wellington.
Description: Purpose of this study is to analyse, manage and reduce maximum waiting times and court backlogs in the Waikato region. Attempts to determine the cause(s) of delay in jury trial processing using quantitative methods. The report recommended the use of additional judges to address the workload and temporary judges to bring the cases then outstanding down to a more manageable level.
Keywords: access to justice, case processing, clearance rates, court backlogs, crime statistics, forecasting and modelling, judiciary, juries, system efficiency/effectiveness
Notes:
Title: Estimated additional judge jury days and courts required (November 1994)
Author(s): Barr, Hugh and Matthew Hobbs
Completed: YES, 1994
Availability: Auckland: Industrial Research Limited, 1994. Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820.
Description: [See previous entry]
Keywords: access to justice, case processing, crime statistics, forecasting and modelling, judiciary, juries, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Maori justice practices
RESEARCH
Done by: Institute of Criminology (Victoria University of Wellington)
Funded by: Legal Research Foundation
Method: Qualitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Maori justice practices
Author(s): Tauri, J. and A. Morris
Completed: YES
Availability: In Criminology No. 4, September 1995. Wellington: Institute of Criminology, Victoria University of Wellington
Description: This paper summarises the findings of a small scale qualitative project based on interviews with around 50 kaumatua and kuia about how Maori communities dealt with offenders in the recent past and how Maori justice practices might work today in urban areas.
Keywords: alternative justice systems, ethnic issues, Maori
Notes: See also Maori justice: possibilities and pitfalls, in Rethinking Criminal Justice, May 1995; Vol. 1; Legal Research Foundation
COURTS AND SENTENCING
Media access to courts
RESEARCH
Done by: Massey University
Funded by: Department for Courts
Method: Pilot programme evaluation
Status: IN PROGRESS, expected completion date mid-1998
PUBLICATIONS AND REPORTS
Title: Evaluation of television, radio and still photography of court proceedings pilot
Author(s): Kimberley, Allan and Judy McGregor
Completed: NO, planned completion date mid-1988
Availability: Undecided
Description: The objectives of the project are to evaluate the efficiency of the operating procedure established and the impact of television, radio and still photography coverage of court proceedings on the general public and trial participants. The research will involve content analysis of news presentations, interview and questionnaire surveys with pilot participants and key stakeholder representatives, and surveying of public perception of the pilot.
Keywords: access to justice, case processing, courts, media
Notes:
COURTS AND SENTENCING
Modelling the criminal justice system
RESEARCH
Done by: Ministry of Justice
Funded by: Ministry of Justice
Method: Quantitative study
Status: IN PROGRESS, expected completion date December 1997
PUBLICATIONS AND REPORTS
Title: Modelling the criminal justice system of New Zealand (working title)
Author(s): Triggs, Sue
Completed: NO, planned completion date 1998
Availability: Probable Ministry of Justice publication
Description: The aim of this project is to produce a statistical model of the criminal justice system. The model will simulate the flow of offenders through the court system from prosecution to sentencing. The model examines how different offences and offenders flow through the system, including their sentencing outcomes and potential 'recidivism' (reconviction) rates. The model documents past trends and predicts future trends for different offence groups and demographic groups.
Keywords: adjudication, case processing, courts, crime statistics, enforcement, forecasting and modelling, Maori, offences, offenders, Pacific Islands peoples, property offences, prosecution, recidivism, system efficiency/effectiveness, traffic offences, violent crime
Notes:
COURTS AND SENTENCING
Night hearings
RESEARCH
Done by: Rivers Buchan Associates
Funded by: Department of Justice
Method: Literature review, qualitative study, quantitative study, pilot programme evaluation, established programme evaluation
Status: Completed
PUBLICATIONS AND REPORTS
Title: Night courts: report to the Department of Justice on the evaluation of pilot night court hearings
Author(s): Rivers Buchan Associates
Completed: YES, February 1995
Availability: Contact Communications Manager, Department for Courts, P O Box 180, Wellington. Fax (04) 494-8820
Description: INTRODUCTION [abridged]. The pilot night hearings operated from July 18 to November 18 in Christchurch and Otahuhu District Courts. They included Disputes Tribunal and Minor Traffic Courts... The objectives for the evaluation were: to assess how effectively the programme was meeting its own objectives; to estimate the proportion of clients who would potentially benefit from a night court system in each piloted jurisdiction; to identify areas for improvement in the night court system; to identify the salient features of the night court system that should be extended to a national system; to identify those jurisdictions which could be most effectively managed within a night court system; to describe the operation of the night court system (including demographic information about the court clients); to assess the impact of the night court system on key personnel; to compare the relative costs of the pilots with each other and with the status quo (daytime).
Keywords: access to justice, case processing, courts, gender issues, hearings, system efficiency/effectiveness
Notes:
COURTS AND SENTENCING
Offending seriousness and sentencing
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study
Status: YES
PUBLICATIONS AND REPORTS
Title: Changes in the seriousness of offending and in the pattern of sentencing: 1979 to 1988
Author(s): Spier, Philip, Francis Luketina and Susan Kettles
Completed: YES, 1991
Availability: Wellington: Department of Justice, August 1991. ISBN 0-477-07622-X
Description: This report presents the development and application of a new seriousness of offence scale. This scale is based on court sentencing data for the period 1984 to 1987. The seriousness score assigned to each offence was the average number of days of imprisonment imposed on every offender convicted of that offence between 1984 and 1987, where the average was taken over both imprisoned and non-imprisoned offenders. "Seriousness" is as defined by the courts, but the ranking is complicated by the fact that offender characteristics other than the crime committed have not been taken into account. It is claimed, nevertheless, that the offence scale is a useful tool for ranking offences, and that it can be used in applications where trends in offending or sentencing over time are being examined, or where comparisons are being made between the offending backgrounds of two groups of offenders.
Keywords: crime statistics, offences, offenders, sentencing, seriousness of offending
Notes:
COURTS AND SENTENCING
Processing of sexual offence cases
RESEARCH
Done by: Policy and research, Department of Justice
Funded by: Department of Justice
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Time taken to process sexual offence cases through the courts
Author(s): Lash, Barb
Completed: YES
Availability: Contact author, Ministry of Justice, P O Box 180, Wellington.
Description: Using Wanganui Computer data, this paper examines the time that courts take to finalise sexual offence cases, particularly those involving younger victims. The paper groups the cases into three categories, those involving victims less than 12 years old, those involving victims between 12 and 16 years old, and those involving victims over 16 years old. The paper also places emphasis on cases where a not-guilty plea was entered as these cases will have involved a trial or judicial hearing... It is clear that despite the judicial practice note urging that cases involving a child victim be dealt with expeditiously, when a not-guilty plea is entered, such cases take longer on average than those involving an older victim. It is outside the scope of this research to identify the characteristics of cases involving a younger victim that lead to longer court processing times.
Keywords: case processing, courts, crime statistics, gender issues, offences, prosecution, sexual abuse, victims
Notes:
COURTS AND SENTENCING
Psychiatric assessment of defendants
RESEARCH
Done by: Author
Funded by: Healthlink South
Method: Quantitative study, retrospective study
Status: IN PROGRESS, expected completion date November 1996
PUBLICATIONS AND REPORTS
Title: Psychiatric assessments and outcomes of offenders at the Christchurch District Court: a five year study
Author(s): Roberts, Joan
Completed: NO, planned completion date November 1996
Availability: Publication date undecided, details available after November 1996.
Description: Assessments, outcomes, referral agents, of approximately 1,000 defendants at the Christchurch Court, referred to court liaison nurse.
Keywords: courts, forensic psychiatry, health, offenders, psychiatric assessment, psychiatric outcomes
Notes:
COURTS AND SENTENCING
Public attitudes to restorative justice I
RESEARCH
Done by: MRL Research Group
Funded by: Department of Justice
Method: Qualitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Public attitudes to restorative justice
Author(s): MRL Research Ltd
Completed: YES
Availability: Department of Justice, September 1995. ISBN 0-477-07689-0
Description: To find out what the public think about the administration of justice, and, in particular, restorative justice. Focus group discussions.
Keywords: attitudes, restorative justice, sentencing options
Notes:
COURTS AND SENTENCING
Public attitudes to restorative justice II
RESEARCH
Done by: Department of Justice, Ministry of Justice
Funded by: Department of Justice, Ministry of Justice
Method: Literature review
Status: Completed
PUBLICATIONS AND REPORTS
Title: Public attitudes toward restorative justice
Author(s): Lee, Angela
Completed: YES
Availability: In Hudosn, Joe and Burt Galaway (Eds) Restorative justice: international perspectives Amsterdam: Kugler Publications. 1996.
Description: -
Keywords: attitudes, restorative justice
Notes:
COURTS AND SENTENCING
Restitution by property offenders
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study with follow-up
Status: Completed
PUBLICATIONS AND REPORTS
Title: Restitution imposed on property offenders in New Zealand courts: a study of orders and compliance
Author(s): Galaway, Burt and Walton Walker
Completed: YES
Availability: Department of Justice Study Series 14, November 1985. ISSN 0110-5779
Description: This research was undertaken to provide contemporary data regarding the extent to which restitution is imposed by New Zealand Courts. Part I principally examines the proportion of property offences resulting in loss to victims and the subsequent number resulting in restitution orders being imposed by the court. It also looks at offender characteristics and conviction details to assess which persons are ordered to pay restitution and to assess the views regarding restitution presented to judges for consideration prior to sentencing. Part II involves a follow-up of persons who were identified in the first study as being ordered to pay restitution. It looks at the status of these offenders one year after sentence, examines the factors relative to those who had fully complied with the order and those who had not, and tries to ascertain the nature of any enforcement problems.
Keywords: offenders, property offences, reparation, restitution orders, sentence administration, sentence compliance, sentencing, victims
Notes:
COURTS AND SENTENCING
Restorative justice traditional models
RESEARCH
Done by: Office of the Commissioner for Children
Funded by: Office of the Commissioner for Children
Method: Qualitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Some traditional models of restorative justice from Canada, South Africa and Gaza
Author(s): Maxwell, Gabrielle
Completed: YES
Availability: In Re-thinking Criminal Justice, Vol. 1, McElrea F.W.M. (Ed). Auckland: Legal Research Foundation. ISBN 0-908581-75-0. pp57-60
Description: INTRODUCTION. I have recently had the opportunity to gain some knowledge of traditional models among indigenous peoples in several different parts of the world. They are diverse in the way they are organized and the psychological effects on participants both within the same culture and across cultures. I want to briefly describe three of these models and then to discuss the issues that arise from comparing them.
Keywords: alternative justice systems
Notes:
COURTS AND SENTENCING
Samoan restorative justice
RESEARCH
Done by: Author
Funded by: Department of Justice
Method: Qualitative study, survey
Status: Completed
PUBLICATIONS AND REPORTS
Title: Ifoga: a research paper conducted in Western Samoa
Author(s): Anisi, Kisa
Completed: YES
Availability: Available from Waitakere Community Corrections Office, P O Box 21050, Henderson, (09) 837-0148.
Description: An account of fa'asamoa which relates to the perception of reparation and the central mechanism through which it is effected - Ifoga.
Keywords: alternative justice systems, ethnic issues, Pacific Islands peoples, reparation, restorative justice, victims
Notes:
COURTS AND SENTENCING
Sentencing patterns in Henderson
RESEARCH
Done by: Author
Funded by: Work related (Department of Community Corrections)
Method: Quantitative study, survey
Status: Completed
PUBLICATIONS AND REPORTS
Title: Investigation of sentencing patterns, Henderson, 1 June 1991 - 31 May 1992
Author(s): Shadbolt, Maureen
Completed: YES, 1992
Availability: Apply to the author, Maureen Shadbolt, Waitakere Community Corrections Office, P O Box 21050, Henderson, (09) 837-0148.
Description: INTRODUCTION [abridged]. Objective was to investigate sentencing patterns in order to ascertain the feasibility of targeting those offenders suitable for community care sentences in Henderson, Auckland. Pre-sentence reports over a 12 month period were investigated.
Keywords: community corrections, offenders, rehabilitation, sentence administration, sentencing, sentencing effectiveness
Notes:
COURTS AND SENTENCING
Sentencing to reparation
RESEARCH
Done by: Department of Justice
Funded by: Department of Justice
Method: Quantitative study
Status: Completed
PUBLICATIONS AND REPORTS
Title: Sentencing to reparation: implementation of the Criminal Justice Act 1985
Author(s): Galaway, Burt and Philip Spier
Completed: YES, 1992
Availability: Wellington: Department of Justice, September 1992, ISBN 0-477-07640-8
Description: The Criminal Justice Act 1985 introduced the sentence of reparation whereby whenever possible the offender should compensate the offended-against for the loss or damage of property which occurred through the commission of the offence. In 1987, the Criminal Justice Act was amended so that reparation could also be ordered in cases involving emotional harm. These provisions, together with the provision for the payment of part or all of a fine to crime victims who have suffered physical or emotional harm as a result of a criminal act, provide a comprehensive sentencing package for compensating victims. This paper examines the use made of these provisions. In 1991 there were 53,732 convictions for property offences, 19% of which resulted in a sentence of reparation. In the same year there were 9,593 convictions for violent offences, 2% of which resulted in a sentence of reparation. A number of violent offenders were fined and the judge ordered that part or all of the fine be paid to the victim. This occurred for 6% of the convictions involving violent offences in 1991.
Keywords: crime statistics, fines, legislation impacts, offenders, reparation, sentencing
Notes: First author is Professor in the Faculty of Social Work, University of Manitoba, Winnipeg.
