Community care as a penal sanction

Conclusion The community participation model, which rests on the philosophy of reintegration, is an important trend in recent penal policy. The sentence of community care in New Zealand is an illustration of that trend. However, there are lessons to be learned from the past four years. Clearly, the model has its practical limits. The extent to which the community wishes to participate in the provision of penal services is undoubtedly overstated by its proponents; as a result, community involvement is unlikely to be forthcoming unless the government provides adequate funding to groups and individuals providing such services to offenders. Even then, a gap is likely to remain between the rhetoric and the reality of community participation. The majority of the community care programs are bureaucratically organized, professionally staffed, and undertaken within the context of structured thera peutic regimes. They thus fall well short of the ideal of spontaneous, neighborly concern, which is such a strong part of the Western ideology of community. While some programs, particularly cultural programs offered by ethnic minority groups, have involved comparatively noninstitutional and informal relationships between sponsor and offender, these are few in number and have made little impact so far on the way in which the criminal justice system deals with offenders from ethnic minority groups. In sum, there is little to distinguish the majority of programs from conventional attempts at rehabilitation. Although higher levels of funding and more vigorous community development efforts by probation officers may stimulate community involvement, the New Zealand experience suggests that, at least in cultures without established processes of informal care and control, the community participation model will not be the new panacea in penal policy.This is a revised and expanded version of a paper given at the second conference of the Society for the Reform of Criminal Law, Parliament Buildings, Ottawa, Canada, August 1–4, 1988.B.A., University of Auckland 1971; LL.B. (hons.) University of Auckland 1973; Ph.D., Cambridge University 1978.