law and “order”

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More thoughts on the Gerry Brownlee Enabling Act

Written By: - Date published: 1:22 pm, September 16th, 2010 - 32 comments

The Gerry Brownlee Enabling Act is a Dictator’s Charter, and all we can do is hope Brownlee doesn’t abuse it. Even the Herald is against the unwarranted and excessive powers that have been conferred on one man with no meaningful checks or balances. This isn’t about Left or Right but too many on the Right seem happy with unfettered State power.

The State’s reserve powers & the Christchurch earthquake

Written By: - Date published: 12:32 am, September 11th, 2010 - 12 comments

The Civil Defence Emergency Act gives the authorities some extraordinary powers and has seen a handful of people in Christchurch very rapidly tried and summarily convicted of some unusual offences. It reminds us that the State holds huge powers in reserve for times of crisis. It speaks to the strength of our institutions and the people who operate them that these powers aren’t abused.

Failure by the numbers 2

Written By: - Date published: 7:19 am, August 30th, 2010 - 18 comments

Number of recorded offences in the 2008 calander year: 431,383
Number of recorded offences in the 2009 calander year: 451,405
Number of unsolved crimes in Judith Collin’s first year as minister: 235,787, up 5,000
Number of cars crushed: 0

Search and Survey Our Loss of Human Rights

Written By: - Date published: 6:49 am, August 30th, 2010 - 38 comments

Strip searched by the dog-control officer, your home computer hacked by the Pork Board and the Commerce Commission putting 24-hour cameras in your bedroom. It’ll all be fine once the new Search and Surveillance Bill goes through. Oh, and you lose your right to silence. And the need for a warrant is reduced. And…

Oh, Cameron. Oh dear

Written By: - Date published: 12:55 pm, August 28th, 2010 - 27 comments

“Yes, I breached those orders, because they were bullshit, and should never have been made!” That’s what you could have – should have – said. That was the apparent basis for your whole seemingly-crazy crusade. But you denied the charges. Then refused to appear in the witness-box. You made it abundantly clear that the entire exercise was all about getting noticed.

Govt opts for show over substance on alcohol

Written By: - Date published: 11:10 am, August 24th, 2010 - 49 comments

The government’s alcohol reforms are so typical of this government: criminalise someone to be seen to be doing something, while ignoring the root causes of the problem. This is a government that would rather make a criminal of a good parent who lets their son’s mate have a beer at a BBQ than make it harder for booze barons to hook kids into drinking.

Nats fear flood of justice

Written By: - Date published: 2:31 pm, August 11th, 2010 - 14 comments

Finlayson says that paying compo to women abused by cops would “open the floodgates”. In other words, he reckons all the other claims that would come out of the woodwork would cost too much. What’s right is right. No matter the cost. ‘Floodgates’ is just an admission that the hundreds have been harmed. This government doesn’t have the guts to do right by them.

Key govt turn backs on police sex victims

Written By: - Date published: 5:38 am, August 11th, 2010 - 44 comments

It just gets worse: “The Government has rejected a secret forum’s recommendation that 10 women who alleged sexual misconduct by police officers get reparation.” Sadly, I think this is just the Nats being cheap and unwilling to face their responsibilities. They don’t care about the victims of police abuse, they care about saving a few dollars to pay for tax cuts.

Rough Justice

Written By: - Date published: 10:28 am, July 31st, 2010 - 16 comments

The Economist has a great article looking at the American propensity to deprive their citizens of their liberty for trivial offenses. We have the same stupid political ratcheting here that causes it. A large part of that is fueled by groups like the Sensible Sentencing Trust. There needs to be a broad agreement across the political spectrum about such hysterical groups before they cause more damage.

More Power to the man

Written By: - Date published: 8:00 am, July 1st, 2010 - 23 comments

So often, Parliamentary debates are pointless and pro forma. What a revelation, then, when Simon Power was so swayed by the Left’s MPs’ arguments that he hand-wrote an amendment to his Courts (Remote Participation) Bill guaranteeing defendants the right to choose to appear in person. A good day for rights. A good day for Parliament. Power for PM?

Collins has no answers on murder increase law

Written By: - Date published: 11:00 am, May 5th, 2010 - 12 comments

This is a crime bill that is not expected to deter or reduce crime and may increase murders. That’s not acceptable. It’s not even really a crime bill, it’s a stupid PR stunt that puts lives at risk. No responsible government would pass it. But this is not a responsible government. It is willing to cause more murders for the sake of appearing tough on crime.

On GEO group, conservative politicians, lobbyist groups, and prisons

Written By: - Date published: 11:06 am, May 2nd, 2010 - 9 comments

In Florida, a legislative plan to close as many as five state prisons and ship inmates to a private prison run by GEO Group was scaled back last month.

The feds may be searching to see if former state House Speaker Sansom received any kickbacks from the company. The GEO group are also contenders for running private prisons here.

Davis on iwi-run prisons

Written By: - Date published: 10:00 am, April 16th, 2010 - 37 comments

Kelvin Davis: It goes to show how high the aspirations of some of our Maori leaders are. We now aspire to bung the bros in the hinaki and watch the dollars roll in. The longer and more often we can put them away, the sooner we will be able to afford to expand the prison and lock even more away. With the soaring crime rate and high Maori unemployment everything is coming together nicely.

Paying MPs’ court costs

Written By: - Date published: 11:23 am, April 7th, 2010 - 22 comments

I don’t have a problem with MPs being able to get public funding for court cases arising from their professional activities. You wouldn’t expect private sector employees who are taken to court over their actions in their job to be forced to pay their own way. But what a sense of entitlement Gerry Brownlee has.

Nat kneejerk over Waihopai 3

Written By: - Date published: 12:52 pm, March 22nd, 2010 - 17 comments

Key is talking ‘toughening’ the law in the wake of the Waihopai 3 acquittals. He clearly doesn’t understand that a jury decision, let alone one in a district court, has no precedent effect. Others Nats are muttering about canning jury trials. It’s scary the way the Nats resort to heavyhanded tactics so quickly. They never work either, just ask the boyracers in their uncrushed cars.

Voting ban for prisoners irrational

Written By: - Date published: 9:54 am, March 19th, 2010 - 146 comments

Paul Quinn’s Electoral (Disqualification of Convicted Prisoners) Amendment Bill appears to be unjustifiably inconsistent with the electoral rights affirmed by s 12 of the Bill of Rights Act.

That’s the view of Attorney General Chris Finlayson, whose National Party is supporting the bill to select committee regardless.

The kneejerk and the jackboot

Written By: - Date published: 10:52 am, March 11th, 2010 - 3 comments

Sometimes you get a really pleasant surprise and I got one today from Garth George. Despite being a pretty old school conservative he gives a stunning rebuke of the knee-jerk authoritarianism/fascism/randianism that so often characterises the thinking of the Right these days and was recently highlighted by David Garrett’s call for sterilisation of the poor.

Collins and the fist of the state

Written By: - Date published: 12:08 pm, March 4th, 2010 - 39 comments

An ugly side of the Right, one that a lot of people thought was long defeated, has reemerged in recent weeks. Yesterday we had David Garrett’s ‘sterilise the poor because they might become criminals or breed criminals’ and last week we had arguably more disturbing comments from Judith Collins about how she wanted to restore “fear” of the Police.

Out with three strikes

Written By: - Date published: 3:30 pm, February 23rd, 2010 - 31 comments

The National / ACT “three strikes” policy on violent crime sentencing is the worst kind of law.

It has been thoroughly condemned by the Justice Ministry, who were blocked from giving advice to select committee.

BLiP View: Crusher missing in action

Written By: - Date published: 8:18 am, February 23rd, 2010 - 29 comments

BLiP puts his distinctive view on why the police have been losing “the respect of the community” with one of his locally famous lists. He attributes it to ‘Crusher’ Collins and wonders why John Key is cluessly fronting PR wanting stronger sentences for disrespecting police.

‘3 strikes’, typical ‘Do Nothing’ Key policy

Written By: - Date published: 8:08 am, January 20th, 2010 - 90 comments

The ‘3 strikes’ policy is the kind of policy you put in place when you want to look tough on crime but you have no idea how to actually reduce it, in the same way a cycleway is the jobs plan you have when you don’t have a plan. We know locking people up longer doesn’t […]

Guilty until proven innocent

Written By: - Date published: 1:01 pm, November 7th, 2009 - 9 comments

We are continuing our chilling progress towards a surveillance state. The Criminal Proceeds (Recovery) Act 2009 is another brick in the wall. Apparently this act reverses the fundamental presumption of innocence with respect to assets (possessions, wealth). If the police decide that your possessions were gained via “significant criminal activity” you are guilty unless you […]

Unbridled power

Written By: - Date published: 8:38 am, November 7th, 2009 - 11 comments

The government and the Police are spinning all the new security measures as a national security matter and a crack-down ONLY on the leaders of organised crime, watching how the worst villains spend their ill-gotten gains and preventing them from corrupting police and politicians (snort) etc. Police minister Judith Crusher Collins: “Gang bosses have grown […]

Chilling

Written By: - Date published: 9:39 am, November 5th, 2009 - 39 comments

The Search and Surveillance Bill is making its way though the bowels of the government law making process. This is a terrible law, described by the Human Rights Commissioner as “disproportionately invasive” and “chilling“: Sweeping powers to spy, bug conversations and hack into private computers could be given to a web of state agencies as […]

Question

Written By: - Date published: 2:23 pm, October 28th, 2009 - 20 comments

Why on earth is Labour supporting this police state bullshit? The article says Labour MPs were concerned about the extent of powers being given to the police, and Charles Chauvel tried to amend the bill so a judicial warrant would be needed. Amendment was voted down, but Labour went and voted for it anyway. Some […]

Yeah, but who are the criminals?

Written By: - Date published: 3:22 pm, October 18th, 2009 - 13 comments

I think I might have joined the dots in what it is that is causing me such unease about the arrival of Crime Stoppers. Sure, there’s the whole ‘Big Brother’ thing as citizens are rewarded for anonymously spying on their neighbours, colleagues and team mates, that whole Stasi dimension it brings to our communities, but […]

Surveillance state

Written By: - Date published: 9:26 am, October 16th, 2009 - 22 comments

One of the most dishonest, yet most successful tactics of National in opposition was to rant on and on about the “Nanny state”. Here’s John Key fairly foaming at the mouth: I’ve had nine years of being told what lightbulb I can screw into the house, what shower I can take, what food I can […]

War on P

Written By: - Date published: 7:15 am, October 12th, 2009 - 28 comments

Did John Key pick up a pair of cowboy boots on his latest trip? Because he’s come back talking like some kind of macho macho man: My message to the gangs is clear. This Government is coming after your business and we will use every tool we have to destroy it. We will be ruthless […]

Wanganui: a Laws unto itself

Written By: - Date published: 10:03 am, September 4th, 2009 - 45 comments

The Wanganui District Council (Prohibition of Gang Insignia) Act 2009, which prohibits the display of gang insignia in a public place, so clearly infringes of freedom of expression and association that it’s almost as though it was made up as an exam question for law students in a Bill of Rights class. The Act defines ‘gang insignia’ to include […]

It’s not OK, resign

Written By: - Date published: 5:23 am, August 26th, 2009 - 75 comments

The judgment in the case of ‘high-profile political figure’ involved in a domestic violence dispute has come back. Cameron Slater has published parts of the judgment, which declines to issue a protection order because the couple are no longer together but does hold that his actions did “amount to domestic violence in the form of […]

On cultural relativism

Written By: - Date published: 3:17 pm, August 16th, 2009 - 22 comments

It’s a pretty rare thing for a conviction for manslaughter not to lead to some jail time. In the past 28 years, only 69 of 814 convictions haven’t resulted in a custodial sentence*. I would have thought that not getting jail time would be especially rare when the killing was at the more culpable end of the […]

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