Pressing for Sentence? An Examination of the New Zealand Crown Prosecutor’s Role in Sentencing

Prosecutors are among the most powerful actors in any criminal justice system. Their exercise of discretion, however, has not been subjected to the same level of public and empirical scrutiny as other parts of the criminal justice system. To deepen understanding, I empirically explore for the first time the form, function and limits of the New Zealand Crown Prosecutor’s role at the sentencing stage of the criminal justice process. Semi-structured interviews of a non-representative sample of ten Crown Prosecutors are analysed using Hawkins’ framework of “surround”, “field” and “frame”. Findings suggest that whilst New Zealand’s regime shares history, principles, and structural features with English and Australian regimes, it goes further to permit Crown Prosecutors a more assertive role in sentencing. In the ‘surround’, populist and managerial pressures create frustration, strain, and concern. Changes to funding models suggest the potential for unjust sentencing outcomes has increased. The “surround” also intrudes upon and transforms decision-making “frames”. The opinions and presence of stakeholders influences decisions and practices at office and individual levels. Justice may be reactive, forward-looking, or negotiated depending on the particular mix of individuals involved – something accentuated by the regime’s privatised and decentralised form. Findings also suggest that Crown Prosecutors “frame” their role in occupational terms. The lack of interest of universities, professional bodies, and law and policy-makers in offering or requiring prosecutorial training before entry to the role is influential. This renders decision-making more susceptible to pressures in the “surround” and “field”, and increases variation in decision-making “frames”.     

Safe or sorry? Rights,responsibilities and retribution—the new three Rs of education in New Zealand?

A school is a microcosm of society and thus is subject to the problems existing within society generally. The rights and responsibilities of persons outside the school gates apply within the school also. The school environment is unique in that not only is a young person compelled to attend but he or she must spend a great deal of each day within the school's jurisdiction. May it then be argued that there is an enhanced responsibility of schools towards the emotional and physical welfare of their students in relation to matters within their control? This article will examine whether a New Zealand public school has a responsibility that extends further than a moral duty for the safety of its students. Particularly it will consider a school's potential liability in respect of the various forms of student‐to‐student bullying and harassment. It examines the potential for an action against a school under human rights legislation, at common law, and in criminal law.     

Herceptin, Pharmac and the New Zealand District Health Boards: keeping abreast of the Code of Health and Disability Services Consumers' Rights?

In an era of resource limitations, the problem of matching public expectations with health care provision will always be difficult. In New Zealand there has been recent debate surrounding the potential funding by the Pharmaceutical Management Agency (PHARMAC) of an expensive chemotherapy agent called Herceptin (trastuzumab). Taking the proposed funding options in turn, this article looks at the obligations PHARMAC and the New Zealand District Health Boards might then be subject to with respect to the legislation and the Code of Health and Disability Services Consumers' Rights, and the impact this might have on a health system already subject to resource constraints.     

The limits of policy: Rural children and work in the United States and New Zealand, 1870–1920

This article uses public documents and first-hand accounts of late 19th and early 20th centuries child life to examine attempts by public policymakers in the United States and New Zealand to change the quality of rural child life in those countries through compulsory schooling and other related measures. These attempts, however, largely failed due to the demands of the farming economy and the unwillingness of public officials to go to extraordinary lengths on behalf of farm children, as opposed to urban children. Rural children's lives would be changed, not by policy, but by technological developments and the vagaries of the farm economy.     

Corruption and economic growth: does the size of the government matter?

Economic Change and Restructuring - Corruption is often a source of contentious debate, covering different areas of knowledge, such as philosophy and sociology. In this paper we assess the effects...     

Discovery of decomposed and mummified corpses in the domestic setting--a marker of social isolation?

Mass media reports attribute the occurrence of decomposed or mummified corpses in a domestic setting mainly to an increasing social isolation of elderly people. Not much is known about the demographic and medical conditions under which individuals are found months or even years after death in their homes. For this study, autopsy reports of individuals found dead and mummified or decomposed between 1993 and 1997 with those from 1963 to 1967 were retrospectively analyzed. Between 1993 and 1997, a total number of 320 individuals were found decomposed at home compared to 412 such cases between 1963 and 1967. The proportion of individuals older than 64 years was significantly higher during the 1990s study period. Furthermore, the proportion of deaths attributable to natural causes was significantly lower during the 1990s, whereas the rate of suicides was nearly three times higher.     

Self-protective behaviors and injury in domestic violence situations: does it hurt to fight back?

Research examining the impact of self-protective behaviors on outcomes in nonsexual assaults involving intimates has focused solely on one mainstream sample (National Crime Victimization Survey) in which violence is a relatively rare event. Using the Women's Experience of Violence (WEV) project which collects data from a sample of incarcerated women, we explored the phenomenon of self-protective behaviors to assess whether their use impacts the probability and severity of subsequent injury during a domestic violence incident. In addition to utilizing a unique sample, we considered an alternative operationalization of self-protective behaviors that separates physical and verbal responses to include whether the behavior involved an element of force. Results suggest some similarities between a mainstream sample and our marginalized sample. Namely, the frequency in which they utilize countermeasures and the effect of "fighting back" appear to be consistent with previous research. However, the more nuanced categorization of self-protective behaviors demonstrates the importance of considering whether the strategy was forceful when examining women's responses to violence.     

Law school accreditation in the New Independent States of the former Soviet Union: what steps for the future?

Legal education reform has recently emerged as a key component in the rule of law promotion in the former Soviet Union republics,1 1. See Jane M. Picker & Sidney Picker, Jr, Educating Russia's future lawyers—any role for the United States? (2000) 33 Vanderbilt Journal of Transnational Law 17, 18–19, arguing that the core building block of the rule of law rests on legal education. See John M. Burman, The role of clinical legal education in developing the rule of law in Russia (2002) Wyoming Law Review at 90, 101, stating that reform of the legal education is the most effective way of creating a culture of law. See Peter J. Sahlas & Carl Chastenay, Russian legal education: post-communist stagnation or revival? (1998) 48 Journal of Legal Education 194 at 194, arguing that “a system of legal education can do more than teach the society's rules to successive generations: it can inspire values of justice and promote social progress”. See also Mark Dietrich, Three foundations of the rule of law: education, advocacy and judicial reform, in: Law in Transition (London, EBRD, Autumn 2002), at p. 57, available at: http://www.ebrd.com/ pubs/law/lit/english/aut02.pdf. The author points out that reform of legal education is the single most important reform to be undertaken in the NIS region. If law students are not taught how to think critically, question authority and be guided by the ethical values of the profession while in law school, it is difficult to expect that they will become honest advocates, judges or prosecutors in the future. View all notes now sovereign and independent states collectively known, for the purpose of this paper, as the New Independent States (NIS). Scholarly articles and international forums2 2. See Europe and Central Asia Division of the Legal Department, World Bank, Selected Issues (2001) Challenges and Strategies. The World Bank Forum on Legal and Judicial Reform in Eastern Europe and the Former Soviet Union 33; see also Dietrich, op. cit., at 58. View all notes suggest that legal education reform could be advanced by developing and implementing accreditation procedures for law schools, updating law school curricula, establishing transparent and rigorous grading standards, and retraining the law faculty. This paper discusses just one of these measures, namely the development and implementation of quality evaluation and accreditation procedures for law schools in the NIS region. In order to explore this issue in detail, the paper has been structured into six parts.

?Part I provides a brief overview of legal education in the Soviet Union, thus placing the issues tackled in this paper into a historical perspective. Part II describes the main changes occurring in the higher education system in general and legal education in particular in the NIS region after 1991, emphasising new challenges that privatisation of the higher education sector posed to the quality of legal education, thus triggering an urgent need for quality-assurance and accreditation mechanisms. The currently existent NIS practices of licensing, evaluation and accreditation of academic institutions, including law faculties within multi-disciplinary academic institutions, as well as separate law schools, are described in Part III. Parts IV and V adopt a comparative approach to accreditation by providing an overview of accreditation procedures in the United States, and the recent initiative and trends in quality evaluation and accreditation in Western Europe. Drawing upon the information provided in Parts I–V, Part VI offers concrete suggestions and recommendations for improving the implementation of accreditation procedures in the NIS region. The materials contained herein represent the opinions of the author and editors and should not be construed to be the view of either the American Bar Association or the Central European and Eurasian Law Initiative. The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the ABA and, accordingly, should not be construed as representing the policy of the ABA. Nothing contained in this report is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This report is intended for educational and informational purposes only. Research performed on Westlaw country of West Group. View all notes     

Of mice and men: will the intersection of social science and genetics create new approaches for intimate partner violence?

The past two decades have yielded a recognition that intimate partner violence is ubiquitous. Although violence within relationships is bidirectional, there is acknowledgment that violence directed against women is more persistent and dangerous. Strategies for treatment of men have been largely unsuccessful, and studies of women centered approaches to prevention are in their infancy. An emerging concept in the brain-behavior field is the recognition of genetics as a powerful influence on aggressive and violent behaviors. Mouse models of human health and disease have facilitated our understanding of the role of genetics in the manifestation of these traits. There is a need to push the boundaries of research on intimate partner violence by adopting biosocial approaches to understand its causes.     

How do uncompensated care pools affect the level and type of care? Results from New York State

Uncompensated care pools have been used by several states in their attempt to aid hospitals and increase the volume of care provided to patients without health insurance. We examined the uncompensated care pool used in New York State between 1983 and 1987. Our primary interest was to estimate the impact of the pools on the level and type of care provided to uninsured patients. Our results indicate that hospitals responded to the pools by increasing the volume of care provided to uninsured patients. Without the pools, over 30,000 fewer adjusted hospital admissions would have been provided to the uninsured in a typical year. Many of these newly purchased admissions were for "nondiscretionary" medical care, suggesting that beneficial care to the indigent was rationed prior to the introduction of the uncompensated care pools.     

Epistemology,Logic and Metaphysics in Pre-Modern India: New Avenues for the Study of Navya-Nyāya

Journal of Indian Philosophy -