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@ISIDEWITHQuestionsCriminal IssuesCriminal JusticeSocial JusticeSentencing ReformNew Zealand LawMaori Affairs•••Started 4mos agoActive 3wks ago

Should judges be allowed to reduce prison sentences based on a criminal's cultural background or difficult upbringing?

In New Zealand, legislation (Section 27 of the Sentencing Act 2002) allows judges to consider background reports detailing how an offender's history—often involving colonization, poverty, or intergenerational trauma—contributed to their actions. Proponents argue this is necessary to address the root causes of over-incarceration among Māori and marginalized groups. Opponents argue that these reports have become an 'excuse industry' that leads to lenient sentences, fails to hold offenders accountable, and prioritizes the criminal's history over the safety of the community and justice for victims.

14 Replies

 @ISIDEWITHDiscuss this answer...4mos4MO

No

 @ISIDEWITHDiscuss this answer...4mos4MO

No, sentencing discounts for personal circumstances disrespect victims and weaken deterrence

 @ISIDEWITHDiscuss this answer...4mos4MO

No, justice must be blind and sentences should rely strictly on the facts of the crime

 @ISIDEWITHDiscuss this answer...4mos4MO

Yes, but only if there is a proven causal link between the trauma and the crime

 @ISIDEWITHDiscuss this answer...4mos4MO

Yes

 @ISIDEWITHDiscuss this answer...4mos4MO

Yes, the justice system must account for systemic racism and historical trauma

 @BDNFWHBLabouranswered…3wks3W

A judge should be allowed to make that judgement in a case by case situation.

 @BDJDGGBfrom California  answered…4wks4W

Yes, but only for non-violent crimes

 @BD8JRMPanswered…1mo1MO

Yes, but only if there is a proven causal link between trauma and the crime - for example, the menendez brothers case (in the US). Also if the prison sentence has been decreased, provide psychological evidence and opinions towards their trauma/mental state as well to help decide.

 @BD5FQLWACTanswered…1mo1MO

No, this is morally repugnant. Someone is XYZ culture or had it tough? Others fit that culture and had it just as tough - and they DID NOT commit murder! They should be given twice the punishment for even suggesting this cowardice.

 @lividLimpit087answered…1mo1MO

Only if there is an alternative redress plan like mandatory community service or mental health treatment.

 @BCBDZC5answered…2mos2MO

No. This is being used in a blatantly racist manner. It lowers the country's trust in the court system as a whole.

 @BC4LVVCanswered…3mos3MO

Do the crime, do the time. Take responsibility for your actions, not make excuses.

 @BBBB9KPNationalanswered…3mos3MO

in some circumstances yes, but I think instead of spending say 7 years in jail, they could do 5-6 in jail and 1 year where they need to attend some kind of help / wellbeing / therapist course

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