The earth turns, the grass grows, the Press publishes articles with zero analysis or respect for human dignity.
Capitalist society marginalises young people, complains about marginalised young people interfering with the smooth running of capitalist consumption, and thinks the solution is to scapegoat them and hide them away.
Let’s drive away the intimidating, anti-social, miscreant capitalist system from our city centre/world.
Fabian Mika’s lawyer is appealing Mika’s manslaughter sentence, suggesting his cultural background and upbringing should have be taken into account as a mitigating factor in sentencing.
It looks like this is being met with the predictable outrage when anyone notes there’s still ethnic inequality in NZ, coupled with the usual panic whenever someone suggests people’s lives are more complicated than just personal choice.
The judges are no doubt right to point out the logistical difficulties of the lawyer’s idea. Nonetheless, the lawyer’s argument touches on a serious problem with punishment/the ‘justice’ system in general: it only responds to individuals for their individual choices. But no individual choice happens in a vacuum.
The justice system doesn’t deal with the wider social determinants of individual choices. In many ways, it can’t: it falls outside of the justice system’s purview to deal with (for example) economic inequality, the chief cause of high violent crime rates.
But the ‘justice’ system should at least acknowledge that these social determinants are very much unequal from one person or group to another.
You can accurately predict from someone’s class, ethnicity, or family situation that they’re a lot more likely to end up in jail than I am. (Or more likely to have a partner or parent in prison). That’s not fair, and it’s not chosen.
Yes, convicted criminals have made choices, I’m not denying that. But the social determinants of crime and punishment are true too, and too often we deny that.
One of the first lessons you learn studying criminology is that if you’re disadvantaged in society in general, you’re also disadvantaged at every stage of the crime and punishment process:
– examples of crime vs. other examples
– opportunities for crime vs. other opportunities
– likelihood of being in extreme need
– laws and definitions of crimes
– types of crimes you’re likely to commit
– likelihood of being suspected/pursued by police
– likelihood of being caught
– access to good legal help
– likelihood of being convicted
– harshness of sentencing for your crime
– your specific sentencing
– how you’re treated by society after your punishment
So I definitely think someone’s experiences and social position should be considered among the mitigating/aggravating factors in sentencing. But that only deals with the tip of the iceberg of the problem: socio-economic inequality leading to manifold inequalities in crime and punishment.
Grant writes off Max Rashbooke’s book, and indeed all concern about inequality, as “the zero-sum fallacy; the idea that there is a set amount of cash in the economy.”
This is one of the worst straw man attacks I’ve seen in a while.
In fact, Rashbrooke et al understand better than our government that money is a relative measure, only meaningful insofar as it represents access to wealth/resources. It doesn’t matter how much total cash there is in the economy… what matters is:
a) how much resources/wealth there are in the economy, because that’s what determines how big the pie is.
b) how much cash you have in relation to others, because that’s what determines how big or small your slice of the pie is.
Total cash doesn’t affect the pie at all (if it did, Zimbabwe would be the richest country in the world).
Total cash and total resources are not ‘zero-sum’ phenomena. But percentage of access to cash and resources is (that’s the whole point of a percentage – it always sums to 100).
Rashbrooke (and, like, actual evidence and stuff) are concerned with inequality because when one person’s percentage of cash goes up, someone else’s ability to access available resources necessarily decreases. And when that’s too unequal (even when the pie’s huge) it causes numerous health and social problems across the whole society.
Grant is the one guilty of a fallacy: the idea that money is an absolute, not just a relative measure; so if there’s more total money in an economy, that automatically means there’s more wealth/resources available to people. This is more than just a fallacy, it’s a properly religious phenomenon – idolisation of money.
Post-script – extra responses to a few of Grant’s stupidest comments
“There’s no evidence that rising social and health problems are a result of income disparities.”
I’m actually astonished to see this much wilful blindness, even in corporate media. Huge amounts of research – very widely available – offer compelling evidence that inequality causes many social/health problems – from murder to community breakdown to high teen pregnancy rates. A journalist doing their job would acknowledge this evidence even if they disagree with its analysis. Grant doesn’t indicate whether he disagrees, whether he’s ignoring it, or whether he doesn’t know it exists … he simply says there’s “no evidence.”
The fact that the next sentence peddles an evidence-free stereotype (“Poor people get diabetes because they eat junk food, not because Sir Peter Jackson is rich.”) is the icing on the bullshit cake.
“Key to the inequality fantasy is that New Zealand is a neo-liberal rich-man’s paradise but the facts do not support this. Bill English said… [bla bla bla] Half the population are net beneficiaries.”
He goes on to uncritically parrot Bill English’s dishonest press release that I addressed a couple of blogs ago. If Grant was doing his job as a journalist and applying some critical thinking, he’d realise English’s figures show the opposite of what he claims.
Grant thinks workers should be grateful for being “net beneficiaries” of state assistance… grateful for a situation where their subhuman wages mean they don’t contribute much to the tax coffers, let alone to their own families, and Working for Families subsidises their employers to keep paying these sub-human wages. How much more grateful should the rich be for being “net beneficiaries” of a system that facilitates and supports such grossly unequal wealth?
“Economic growth is driven by innovative entrepreneurs adding to the total economy. They sometimes become rich by retaining some of the extra wealth they created.”
I don’t even know where to start with this statement, except to note that it’s pure ideology. He equates economic growth with ‘wealth,’ ignoring the fact that economic (GDP) growth doesn’t just include productive, wealth-producing activities, but destructive ones like crime, pollution and credit card debt. And he simplistically suggests ‘wealth’ is created by “innovative entrepreneurs,” rather than by the contributions of all workers; those who’re given the opportunity to utilise their creative/innovative skills, and those who aren’t.
The next sentence, where he uses a doctor as his archetypical example of a rich wealth-creating entrepreneur, reveals his ideological assumption that the rich become rich by doing good for the world. A better example of the very highest income earners would be a currency trader who makes much more than a doctor by producing nothing, just manipulating pieces of paper and numbers on computer screens.
Later in the article he again waxes lyrical about how much wealth the rich create, and how grateful we should be for their work. He also mentions how hard-working they are – predictably failing to provide any statistics linking hard work to high income. In fact, income and wealth distributions are way out of proportion to how hard people work… (unless the richest 1% percent work 10-16 times as hard as the average NZer).
“Poverty has many causes, welfare dependency amongst them, but blaming the hard-working for the failings of the indigent is not a solution.”
Grant is doing even worse – blaming the hard-working poor (like people working two jobs cleaning toilets on minimum wage to feed their families) for their own poverty. Despicable.
Men haven’t been very good to women in NZ lately.
The list of men who have used and abused Bevan Chuang in the course of the Brown-Chuang-Wewege-Cook-Slater-Palino affair is long and getting longer. Some were apparently motivated by mid-life crises and delusions of grandeur, others by attempts at pharisaical political smear campaigns… but they’ve all used a person’s life for their own ends (and apparently they’ve all lied about it). I don’t think I trust any of these men with high political office or media profile. Chuang herself doesn’t seem to have acted particularly well, but nobody deserves what she’s been through.
Meanwhile, Labour’s decision to phase in a rule ensuring 50% female MPs was met with the predictable panic that men are losing some of their privilege. This was typified by Patrick Gower, TV3’s gutter-journalist political editor who feigned alarm about demotions of male MPs (note this excellent critique he pretty much ignored). His numbers actually only show that IF Labour’s party vote is as low in 2017 as it was in 2008, and IF no male MPs other than Ross Robertson retire before then, TWO male MPs may have to leave Parliament so Labour can achieve gender equality (if any male MPs would object to that, good riddance).
Worse than Gower’s shoddy maths is his implication that political parties are male-dominated because of ‘merit’ rather than structural injustice. And his suggestion that 50% women in Labour is a problem but 75% men in National presumably isn’t. And his leaping to the defence of poor, persecuted privileged male MPs instead of highlighting the systemic gender inequity Labour’s quotas are designed to address.
But the worst, of course, is the Roast Busters rape club.
The existence of such a group is abhorrent. As is their ability to publicly boast about it.
As is police traumatising, blaming and ultimately ignoring complainants. As is their inaction after 2 years, 4 complaints, and ample opportunities for evidence. (Compare this to their shoot-first-sort-out-legality-later approach to shutting down people criticising them). As is the way they lied and blamed their inaction on victims not being “brave enough” to lodge proper complaints. As is the fact that their only accountability is an “independent” group of ex-cops who inevitably understand and sympathise with police. As is the fact that we’ve known for years the police have a rape problem and they’ve repeatedly failed to address it.
As is their school’s inaction.
Worst of all is our ubiquitous rape culture that allows all this to happen. It’s part of the same patriarchy that leads to Len Brown and Cameron Slater et al using Bevan Chuang, and Patrick Gower complaining that men are losing their privilege. We can’t just blame the direct protagonists. All of us, especially middle-class educated white Western heterosexual cisgender Christian men like me, have to accept responsibility for the ways we’ve contributed to a kyriarchal culture that dominates, discriminates, dehumanises and, ultimately, rapes.
The only positive to come out of all of this is are the small signs of hope that rape culture may be starting to change. This could be a vital tipping point in awareness that we have a problem. But the work of addressing it is just beginning.
According to Section 5 of the Corrections Act 2004, the “purpose of the corrections system is to improve public safety and contribute to the maintenance of a just society” through “safe, secure, humane and effective” sentences, assistance with rehabilitation and reintegration, the best decisions by courts and the Parole Board, and corrections facilities that meet the UN Standard Minimum Rules of the Treatment of Prisoners and other sections of the Act.
The implication is that prison punishment consists of a simple lack of liberty; to meet the standards of public safety and justice, we are taking prisoners out of the community and punishing them by depriving them of a certain degree and amount of liberty, deemed proportional to their unlawful actions. We’re not punishing them with physical violence and psychological humiliation. We don’t do it that way anymore … in theory.
So we know that something is seriously wrong with prisons when sentencing judges have to take into account the high likelihood of physical, sexual and emotional abuse when determining jail terms:
“Transgender prison decision ‘a breach of rights’“, Radio New Zealand News, 20/12/2012
A judge at Whangarei District Court on Wednesday sentenced Glen Cooper [a transgender criminal] to a reduced prison term, because the likelihood of harassment in a men’s jail.
The court heard Cooper had already been attacked in jail while awaiting sentence.
The Department of Corrections said Cooper has not had sex change surgery so must go to the men’s prison.
On National Radio this morning, Kim Workman from Rethinking Crime and Punishment talked about how our prisons have become very secure, but highly unsafe. This Wikipedia article is a good read, making the same points; we have very few escapes or positive drug tests, but troubling figures for prisoner assaults on staff and other prisoners, and for mental health and suicide.
Let’s not let our base, vindictive, foolish, scapegoating punitive instincts get in the way of making prisons safer. When you take away people’s freedom and responsibility to look after themselves, it becomes entirely your responsibility to look after them and keep them safe. Letting prisoners be exposed to abuse and violence can’t do any good, it goes against the legislated role of prisons, and in no way can it be considered just.