Saturday, December 15, 2007

'Bloody idiots' shock police - 16 Dec 2007 - NZ Herald: New Zealand National news

'Bloody idiots' shock police - 16 Dec 2007 - NZ Herald: New Zealand National news The police launch a massive campaign to blitz drink drivers the weekend before Christmas. We can all agree that acceptance of this form of entrapment is better than the death the drinking driver causes to our friends, family, children. If you are the recipient of a Drunk In Charge of a vehicle and you are wanting to fight it you better get the best lawyer you can as it is a case that it is hard to wriggle free of as the evidence is collected right under our noses. Now, there is no reason under the sun to support drinking drivers. They are more than a nuisance, they are accident waiting to happen. But it is the non-compliance with the law that is of concern. Out of 52,000 motorists, only 51,670 were sober. If it does prove that the anti drink drive messages are not working, perhaps it is time the police reviewed the objective. 99.36% observing the law is not that bad for non-alcoholics - but for those 335 people, welcome to the system. There are no real winners - if you are caught drunk and controlling a vehicle, it is not like they need to prove that much more. Imbibe too much plonk and "risk it" could put your life out to dry for a few months and cost you more than you hoped. Is there a reason we can not get 100% of all drink drivers off our roads? They can use buses. We should recognise some are part of a heavy drinking culture and insist they take a bus or taxi home. But if it's the suburban BBQ or beach party as well as the city, the public transport system is not saving lives we way we hoped.

Friday, November 09, 2007

Police have duty to protect public

Police have duty to protect public - PM - New Zealand news on Stuff.co.nz

It is true enough that the police have a duty to protect the public. But they also have a duty to bring charges effectively. This "is not going to happen" if the laws that they try to apply are described by the Solicitor-General David Collins as so complex as to be nearly impossible to bring charges in a domestic case.

If civil unrest, protest and political activism is to be redefined as "terrorism" then laws to protect us from that may be a good idea. But the law must be even handed and secrecy is required to protect the public safety, or the safety of undercover informants, etc.

The real problem is not that the police acted, it was the premature and unnecessary invocation of the Terrorism law to deliberately make it fail. In the end is it a case that the morale imperatives that the Bush war imposes on rational governments cause their terrorism policy to lack teeth? Or should we dig more into the assertion that the police are unable to follow laws that have been drafted (when the rest of us somehow are expected to follow other laws) due to complexity?

What is so complex? If the police can prove intent to endanger the lives of others then they should prove it. Having illegal weapons is not the modus operandi of the terrorism that overreaching laws are there to protect us against. If these people were going to kill others there needs to be a motive established and public airing of their sins. It would have been good enough to bust the guilty for weapons.

If an individual wants to declare war on the entire country, perhaps we should wait until they actually do something and send in the army and shoot back. But to associate "terrorism" with Mäori political activists, or peace campaigners is just why we have civil libertarians arguing for human rights. Mäori Sovereignty is a political issue that would be damaged badly by acts of terrorism as any same person would realize. Many let off a bit of steam. If one were a campaigner for Treaty rights the association of terrorism with natural rights of law would be sickening.

The reason the Terrorism laws were impossible to apply is simply that it was wrong to charge them without real evidence. Terrorism laws overreach to address terrorists and preventing terrorist attacks, and although the police were concerned about the illegal activities they are still bound by due process. It was probably good enough to simply get them on gun-law violation and leave the terrorism law to the emergence of the actual situation they address.

Tuesday, October 30, 2007

Letter to Helen Clark


The Prime Minister
The Rt Hon Helen Clark

25 October 2007

RE: Terrorism bill being discussed in Parliament


Dear Rt Hon Helen Clark
The bill before parliament is alarming to say the least. The recent arrests of Maori and other activists should be allowed full public disclosure of the details of their crimes. If terrorism has started to exist in New Zealand then the best weapon a government has is public alertness and justice being seen to be done.

Shutting down the freedom to protest will reduce public alertness and wither interest in the safety of the community. Individual isolation follows from an inability to voice concern. I think people feel helpless in the face of a legislation largely perceived as draconian.

Incarceration should never be a political threat. I hear writers fearing imprisonment for saying the wrong thing as a genuine possibility arising from the terrorism legislation being discussed.

Civil disobedience and the right to protest are arguably part of the Kiwi character. Legislation to criminalise such would change the nature of this community.


Your sincerely,
Nicholas Alexander
NZ Citizen

Thursday, October 25, 2007

Police Search Warrent seen as attack on veteran protester

Police Raids has affected Public Image

Recent police raids on gun law violations which for some reason saw fit to use terrorism laws to arrest 17 suspects. 72 veteran protester and trade unionist Jimmy O'Dea had his home searched in a case of alleged kidnapping. It would appear that the actual criminal used mr O'Dea's address - sort of phishing for the tech unaware crook, maybe? Mr O'Dea has recently protested at the "anti-terror" raids so naturally the execution of a search warrant seems a little far to go before the police realised the crook was conning them. Perhaps a little more investigation instead of reacting with "force" may prevent people being terrified the police will be breaking into their bedrooms anytime soon.

Helen Clark has been accused of being Muldoonist - and I do not want to be the one who says Blairish. It may work in America and it may work in the UK - but it won't work here.

New Zealand is a country of fierce pacifists, not lazy warmongers. Yes the terrorism bill being debated has no serious challenge from Labour or National. By softening the electorate with the idea of Napalm is alarmist and if it is true then the evidence must be there.

Monday, October 15, 2007

Raided group's plans

Raided group's plans 'will horrify middle NZ' - New Zealand, world, sport, business & entertainment news on Stuff.co.nz
Tame Iti - facing firearms charges.

New Zealand Police have conducted operations to shut down training camps and found weapons including "Molotov Cocktails" and "napalm bombs". Both are sure to send a shiver down the collective spine of "middle New Zealand" as it recoils in horror at the prospect of some kind of military action. There were reports of a threat against the Prime Minister.

The police have taken "prudent action in keeping with the interests of public safety" saying there was significant risk. It is now before the courts so comments can be only mere speculation. If the police claims are true, are we witnessing the start of a civil war or is this just a bunch of survivalist hunters learning how to survive in "the bush"?

Time will reveal what the police have on Tame Iti - the famous Maori activist who was tried for shooting the flag at Waitangi. Police allege they captured illegal weapons including military style assault weapons and automatic guns as well as having collected evidence on the case for an investigation of up to two years.

Saturday, October 13, 2007

High voltage crims leave no room for civility

High voltage crims leave no room for civility - Opinion: views on the news on Stuff.co.nz

Rosemary McLeod finds herself lost when "civil libertarians" talk about Tasers. She reveals that the New Zealand Police would support the use of Tasers by citizens. She poses questions about a "droll incident" when a group of police took a large number of pot-shots at a dog near them and all missed the target.

How does this increase confidence in the general use of yet another weapon - when these same hands of these same police officers are just as likely to miss with a Taser as they would with a Lugar. Except Tasers are generally only very short range and guns are not, we hope. So, if the man with a hammer is out of range for the Taser does not automatically justify the use of a gun?

The public is already exposed to bad policing practices. Giving them guns they are insufficiently trained in is a clear and present danger. Adding in a non-lethal variety does not presuppose the replacement of these quietly armed random police wandering around missing dogs.

It is the right of every taxpayer to demand at least a decently trained police force. Until Karen Walker has a say in it, they may not be the most profoundly well dressed force in the world, but they can reflect good Kiwi values.

Arming police without training them to use deadly force correctly is both unsafe and illegal.

Giving them weapons that can be used to great effect without risking death in most cases, well I think we appear on the face of it to risk having many more dogs running around biting victims of sudden paralysis. Not sure they won't feel it, though.

The Civil Liberty I would like my Government to respect is the right to walk down the street without undue risk and a police force that is respected by the community. If the police are to be feared as the article suggests because of "who known how many are high on drugs and impossible to communicate with" (sic) then it paints a picture far worse than it really is. Tasers are useless against guns, and horrific when pepper spray is merely punishing. Yes there is a risk, the risk is escalation. The introduction of Tasers requires criminals to develop an effective defense. Tasers are easier to dodge than bullets. If the police are being turned into an army to fight the insane citizens, we have to be very sure that they are a) good at using those weapons, and b) ethical in their use.

The example of the police firing a gun at a dog is evidence that the New Zealand Police should not carry guns until they are expert in their use.

The fact that Ms McLeod can not trust a taxi driver for his earlier crimes is understandable, but the assumption is that nothing can change. That is simply untrue. The Police have changed a lot since the 90s. They take crime far more seriously. But let us not think them infallible, they make mistakes, too.

Handing out deadly weapons without training is simply insanity.

Tuesday, October 02, 2007

Police in firing line over Taser attacks

Dahleen Glanton: Police in firing line over Taser attacks - 03 Oct 2007 - Opinion, Editorial and reader comments from New Zealand and around the World - nzherald

"It was like touching an electric fence they use to keep cattle in, but instead of just where the initial shock goes in, the electricity goes through your entire body. It feels like every nerve cell is on fire," said Mark England, a 14 year military veteran Tasered at a Las Vagas airport by police on his return to Iraq as a soldier. Unfortunate for the war effort. He is suing the LV Police Dept.

It only gets better:
In other cases, authorities defended the Tasering of an autistic California teenager who had been seen running in traffic, while in Ohio, a woman was Tasered while struggling in a police car after she was handcuffed.

There is no better way to rescue a disabled person that to shock them into instant paralysis and then simply mop them up. Who is going to listen to an autistic person complain? This kind of thinking is ridiculous - how can the Police be expected to use this magic weapon that allows people to be hurded like cattle - "properly"? How can they not develop an ambivalent attitude to their use now that they are not having to shoot innocents when they make a mistake?

Thursday, September 27, 2007

Shooting revives Taser argument

Shooting revives Taser argument - 28 Sep 2007 - NZ Herald: New Zealand National news

A man was shot twice, once in the chest and once in the leg as a man approached with menace and a hammer - he had already attacked a car in rage and was now threatening the officer. Criticism of the officer for firing is not allowed, as Police Association President has made clear saying: "Inevitably, armchair critics will speculate and make judgments about what could or should have been done." But that does not mean discussion of this issue is not important.

The officer fired two four or more bullets from reports of witnesses. Nobody can say that the officer did the wrong thing if his life was in danger. With such poor aim, one must question who else was put at risk by the firing of a lethal weapon by someone evidentially not confident enough in its correct use? Tasers have been misused, also.

Now we have Ron Mark - an unmistakably right-wing politician - saying that the "anti-Taser brigade" (we hope this blog is considered part of that) have gone all quiet about Tasers in light of this shooting. That rather over-bakes the point.

I doubt that the hammer weilding nutter even knew the Taser trial was over, and there is that nagging doubt aroused by the unbelievability of it (rather strongly expressed by a 5 year old). Did this shooting prove the need to "prove Tasers are required"?

It seems a single police officer was being confronted by a man wielding a hammer at close quarters - was the call-out response inadequate? Why was an armed officer in range of the hammer wielding man - what if the man got the officer's gun? It does not sound like police procedure were closely followed in the moment, so an investigation is sure to follow.

Was it a case of panic? A shot to the chest at close range is likely to be fatal. Ah - but not so if it was a Taser! Also, not so if it was a net, an immobilisation dart, or even a gun shot to the thigh.

Does having a gun or a Taser make the officer react differently to such a situation? It is true that the Taser makes it less necessary to train the officer properly in use of the weapon. That is not a selling point.

There is also the mute question, is there a motivation in having such an incident end so, shortly after the end of the Taser trial to establish a need for such a weapon in the hands of front line police? One certainly hopes not.

If it is a question of deterrence, it should not be. "A hammer wielding nutter risks death if unable to regain control when so ordered by police." is not the criterion upon which to rest future judgment. This death will be examined and the officer retrained if his reactions are at fault. If it was a Taser used in this instance, the dead man would likely still be alive, certainly, but that does not justify all uses of the Taser. Institutional use of a weapon is hardly justified because of the risks of other weapons.

We could say it is right for the police to shoot instead of using bombs. But the police using bombs is simply more wrong than police using guns. Neither one is a desired condition in New Zealand - but we choose guns as the "lesser evil", hence we chose Tasers as "less evil than guns".

Did we? When did Parliament setup the NZ police force as an army? Last time I checked front line police were not casually armed. Then there was a Taser trial which is now being reviewed (apparently this process will take 4 months - why?) and one month into the review, we have a "live demonstration" as to how Tasers may stop the police from needing to fire a weapon.

Some would have all front-line police bearing Tasers. We believe it would reflect a sad deterioration of police practices. The best way to fight crime is not to do what the criminals do, but to set an example of successful self-control. The Taser has not softened criminals. It is not supposed to be a deterrent and neither is the gun, both are weapons of last resort.

The examination of this incident will be concerned that the gun's use was not inevitable due to non-observance of police guidelines for dealing with such a person. We question if a shot at close range is a very rare police response to a man wielding a hammer with menace?

Police Act Review Wiki

Police Act Review Wiki Now you can help draft the new Policing Act in 2008 - by contributing to their Wiki. The home page suggests users should contribute in this form of "extreme democracy" but encouraging a national conversation on policing. "The new Act will need to cover a wide range of topics, from high-level governance to day-to-day administration. To help get people started, we've included some headings and a few example ideas. "But don't feel constrained. For instance, if you'd prefer to work offline and upload a complete Act for others to comment on, by all means add it beneath the one we've started (there's a space provided under the "Alternative versions" heading)."

Cabinet paper summarising results of public consulation, August 2007

Cabinet paper summarising results of public consulation, August 2007

It is indeed intellectually alarming to read the submissions summarised by the Cabinet discussion paper. There is a definite sense of a set of new legislations for the sake of having laws that legalise the activity of police is overtaken by internal opinion that essentially any redrafting is a statement of the status quo.

If there needs to be an element of tradition in Government that does not swing from right to left, it would seem that would be the Police - the keepers of the meaning of tradition. There is a simple truth to reality, and then there is opposition to that. Sometimes, Government by committee results in a synthesis of the black and the white. And that is called gray. It is duller to the eye and when applied to legislation, it is an attempt to say one thing when saying another that results in unclear motives for law.

The purpose of the police is best expressed in simple terms:
e.g. "to keep order"

Overriding principals that make sense allow one to form more complex judgments later. It may seem very right-wing to say that basic principals aside, the function of police is fundamental to the operation of civil life. And if their function causes more civility, then their function is generally going to be more correct.

When the function of police is the creation of disorder (for example, the violent action of military police in Burma is out of proportion to the harm done by protesters who are merely exercising their ability to speak out) - society loses its essential guardians to chaos.

The role of a police officer is to maintain, not bring, order in civil life. If life is not civil, then the conduct of commerce becomes false. In a corrupt world, the Police will be corrupted. It requires the establishment of a social order for the Police to uphold for the Police to be police and not military.

And in the pursuit of order, the Police have a role to guarantee to society that wrong-doers will be found and pursued when it can be proven by a trail of reliable evidence (and not intervention by a convinced law officer) that harm has been done and then the full force of the Law is enacted by the officers to expose the truth to the balances of justice.

Police are not there to punish or judge. It is their function to bring order. The Police who confuse their function with the military are guilty of murder. Police who prevent violence are the most valued.

It is the function of Justice to redress wrongs. It is the function of Police to preserve and present the Truth and bring Order to those who seek chaos. If a Police officer breaks the law then that act is subject to Justice but investigation of the Police by the Police is to taint them so it is necessary to have a Civilian authority above the Police.

The Minister states "I believe the best way to facilitate consideration of the broad range of topics within the Police Act Review is to submit a suite of papers to Cabinet for policy decisions..." and "Timing wise, I intend to bring all six papers forward for consideration by the Cabinet Policy Committee in September 2007."

Wednesday, September 26, 2007

DIY protection

Straw promises greater legal protection for 'have-a-go-heroes' - Independent Online Edition > UK Politics

Interesting sign to see the UK advocating DIY vigilante justice by reducing the potential for them to be criminally prosecuted as a result of harm to perpetrators. So long as the harm is proportionate to the threat that is. So if someone attacks you with their fists and you shoot them, that is not covered. But if someone attacks you with a knife and you knock them out, you are probably not going to get prosecuted. Even if he gets accidentally cut with his own knife in the tussle.

It is not as if the law expects people to lay down dead at any approach by a mugger - far from it - but it is interesting to observe that a leniency to those that take measures against intrusion, from the electrification of windows to walking around with a loaded gun.

It appears to be bringing the UK law perhaps more into alignment with what we have in New Zealand. Under Section 48 of the Crimes Act 1961, 'Everyone is justified in using, in defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use'.

Hence, New Zealand films that are violent tend to have been more so than UK films of the same ilk. Maybe so. But DIY justice does lend itself to more interesting fiction as it makes it tougher for those who wish to commit crimes in public. Making that something that people will react to is an interesting social experiment, it seems to me that the law covers us Kiwis to rugby tackle every shoplifter - and perhaps we do to some extent. But as our society becomes more exposed to violence it seems self evident that this sharp edge may require more careful definition.

Wednesday, September 05, 2007

In Great Britain, Police Can Use Taser Guns on Children | The John Birch Society - Truth, Leadership, Freedom

In Great Britain, Police Can Use Taser Guns on Children | The John Birch Society - Truth, Leadership, Freedom Is this the slippery slope of soft arming police with "undeadly" force, that they see as a device of torture administered in public? This trend toward totalitarian state control of society will also catch innocents in its juggernaut need to resolve problems we as individuals are not fit to resolve. Criminal behaviour is identified and sequestered into the constrained society of jails. The effect of such concentrations of criminals being made to have limited social contact but with each other is known to have a low effect, it can not reform anyone but could scare the wits out of a teenager considering the odds of a criminal enterprise instead of school. Such logic works well for the very stupid who do not learn to look after others as well as themselves from an early age. They see the world in terms of what it can do for them, only. Therefore we mete out punishment to "suit the crime". Tasers are not reasonable because they randomly kill about 1% of the "taser victim". Use of bully tactics and the teaching of lessons (humiliation) is now an instinct that, like the stocks of medieval times, can be applied to children - to teach then that lesson that a short jolt in prison used to serve. Guns at least can not be used without consequence. Just how long will this go on before some bright spark invents Taser resistant clothing?

Tuesday, September 04, 2007

Crime victims should get compo from state

Crime victims 'should get compo from state' - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

Victim Compensation is one way that justice is done, but when there are $50M in unpaid reparations one has to ask what the effect of the legal system is on victims. And if the Government pay reparations then the taxpayer is paying twice for the criminal. If the Government underwrote compensation so then the $50M in unpaid compensation would be like an unpaid tax debt. Makes more sense.

Thursday, August 16, 2007

ITN - Man and baby hit by Taser

ITN - Man and baby hit by Taser

Suspect Dies After Being Shot With Taser Gun

Man dies in JPD custody

Clearly, Tasers are used inappropriately and kill people quite often. In cases they cause injury, in New Zealand - Accident Compensation could be claimed by the Tasered if they fell and hit their head. When do the Tasers become weapons available to security firms in New Zealand? How about private individuals?

Of course the right to bear arms is sacrosanct in America, so there is no barrier to arming gangs, thugs or citizens. You could have a Taser in the cupboard under the stairs.

Thursday, August 09, 2007

The Police Trials

Police Corruption Trial result

After fourteen years and over seven trials, Louise Nicholas has finally been vindicated. The four guilty verdicts of the former Chief Inspector of the Rotorua CIB John Dewer for perverting the course of justice provides a full stop for her extraordinarily affected life. As a person the public refused to accept the word of, and who yet despite much derision persisted until she challenged the system. Dewer enabled the offending of the aspiring and rapidly rising Clint Rickards who now seems logically doomed as factually, if not legally, well and truly implicated party.

But one has to ask, if that was the pervasive culture of the day as recently as the mid nineties, then what else was going on?

Did we have police covering up and committing other crimes? Did Dewer cover up anything else he should not have? If he wins an appeal, will that be the end of it?

Prime Minister Helen Clark opposed the appointment of Clint Rickards, and if the allegations against him were proven as his own guilt instead of being invalid by reason of coverup, well, he would not survive on $150,000 per annum buying him the finest lawyers he can find who will help him wriggle out of this kind of tar, the kind that sticks?

The appointment of men who think it is okay to rape very young women with their batons is comnpletely out of place - even in the most corrupt courts of Saddam Hussien you would not find such a demeaning torture. The thought of what the baton is used for, and how it is not sterile makes this a criminal act that you do not want all over the headlines for the world to see.

This "culture" that "existed" and "now does not exist" is not a tangible thing. A culture is not just a set of relationships or expectations. It is a code of trust. That a handful of corrupt cops from "those days" are now being put into jail - that says a lot to the police of today. It is not so much a "witch hunt" but a guilty verdict for everyone but Rickards. What one can infer from the Dewer trial effectively makes Rickards hasty "I am not guilty, so I look forward to resuming my job as Commissioner Monday" sound more hollow than ever.

One has to agree with Louise Nicholas. It is worth persisting to seek justice if it changes the world. Finally the public see what she is saying. What happens to Dewer is not so relevant as what now changes in the way that police complaints are investigated. Independent investigation has become necessary, in light of this, and other unsafe findings that have come to light from the overloaded justice system and disturbing corruption now found to have existed by a jury, beyond a reasonable doubt.

Thursday, July 26, 2007

Police Brutality charges before court

Four police officers are being charged with using pepper spray on a detained uncharged individual. Read the article. The New Zealand police have had the spot light upon them for gang rape relating to incidents in the 1980s. The prison service has come under the spotlight for moving Liam Ashley in a van alongwith a psycho killer who killed him. And now, reading this tale of extraordinary bullying and punishing behaviour of four police officers subduing a prisoner with close pepper spray torture and batton hits. It is not even clear if the man was arrested or just detained, but he was certainly not informed of his rights or given a lawyer - but detained - possibly for questioning.

There was an enquiry into the police and a culture of abuse. But if police are seen as sadistic and cruel, it does not improve justice, indeed, it seems the all too familiar ground of parents who, having lost control of their children, now look upon the police as the last guard or final super nanny of them all. Unfortunately that won't work. The police are there to protect us from real criminals, not agitated youths aware of their rights who are prepared to say so.

It is a matter for the court but paints a more sobering picture. If New Zealand lurches to the Right, as is quite predictable, what measures will the conservative politicians be able to politically survive - bringing honour back to the New Zealand Police may require more trials of this nature.

The danger is, using criminal justice system to filter out bad police is just another ambulance at the bottom of another cliff. Weed them out in the recruiting process! Thugs do not belong in the police and idiots do not belong in the prison service.

Wednesday, May 23, 2007

Amnesty International criticises NZ Police trial of Taser

Amnesty

Amnesty International has delivered a shock to New Zealand police, criticising their trial of 50,000-volt Tasers in an international human rights report. The human rights group opposes the trial in this country, and Tasers' use internationally. For example this woman was Tasered and killed by police for shouting at them. This man was in bed and Tasered when he called police for help - he is a diabetic.

Thursday, May 17, 2007

More Taser hits in the news

More Taser madness
  • wjz.com - Man Dies After Police Officer Uses Taser On Him
  • Teen Tasered in 05
  • Testing Tasers
  • Alleged Racism in Taser use
  • Police shield use of Taser from public Man dies

    If you read all the above, I think you will agree that law enforcement does not seem to be any better for the public due to Taser use.

  • Tuesday, May 15, 2007

    Police need psych patient training

    Police need psych patient training - Queensland - BrisbaneTimes

    The way society cares for its most vulnerable is a reflection of now "civil" that society is.

    The goal of "civilisation" is an assumption of progress. The banishment of such evil arts as slavery is progressive. We still hear of horrible shootings, enslavements, drug crimes and other forms of marginalisation of the human quality, but we let them pass by us as though they were mere fiction.

    "Real" criminals make up a small percentage of the population.

    People come in many shades of personality. If we draw a line and say one group of humans are "stable" and marginalise a few as "unstable" - it would seem to sort out the good from the bad, the stable from the unstable, the trustworthy from the fiend. It is not like that, however, and the skill it takes to identify and differentiate between a dangerous situation and one that can be easily controlled is a primary skill in the armory of a guardian.

    TV cops have all the intellect of great writers to provide a fiction that makes us expect most police to be extremely intelligent, loyal and trustworthy individuals. Recent exposures of the fallibility and "corruption" of the police seem to point to a culture that is unable insensitive to the concerns of the community at large, let alone able to calm down a schizophrenic or even an average human being in a panic.

    Real cops have a far greater responsibility to the weakest in our society. If they do not protect and serve, as their primary function, if they are only assessed on how many arrests they achieve, then they are being managed by bean counters.

    Real police become able to rescue sleeping kittens from tall trees without waking them if required, or arrest a violent offender before he attacks a pedestrian. Measure makes it a force for the betterment of the community.

    Tasers risk the life of the accused. Since they have not been found guilty by a court,

    Tasers are effectively torture as they inflect severe pain upon "the accused", who instantly become "the victim". To do battle with violence, it is important not to admire it.

    Friday, May 11, 2007

    Lawyers ask how local judiciary got Bain case wrong

    Radio New Zealand News : Latest News : 200705120915 : Lawyers ask how local judiciary got Bain case wrong

    Lawyers are asking the same question we ask. If New Zealand is taking over Judiciary review from the Privy Council - when our courts go it wrong with reviewing the David Bain case allowing a miscarriage of justice - what are we going to do to separate ourselves from being a totalitarian state that locks up suspects without adequate trial?

    Commercial Dispatch Online

    Commercial Dispatch Online

    Police in Columbus tasered a suspect fleeing from the scene of a shop lifting.

    Tasers are being used in the States as a weapon to capture people. In New Zealand, will Tasers be used for routine police actions?

    Thursday, May 10, 2007

    Bain wins last appeal

    Sensational victory as Bain wins appeal - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

    Legal history in more ways than one. Yet another botched murder case that resulted in a long prison sentence for an accused who has not been proven guilty beyond a reasonable doubt.

    In fact the Privy Council said :

    "In the opinion of the board, the fresh evidence adduced in relation to the nine points summarised above, taken together, compels the conclusion that a substantial miscarriage of justice has actually occurred in this case."

    It said the convictions should be set aside.

    It is the last case to be reviewed by the Privy Council in London. The last strand of Colonial rule has now fallen and New Zealand now has a Supreme Court. We hope it brings better justice.

    Lung damage caused by P lab explosion causes death

    Radio New Zealand News : Latest News : 200705091754 : Lung damage cause of P lab explosion death

    The police assert that people, chasing instant wealth, go to the internet to find recipes to manufacture methamphetamine - these people risk inhaling chemicals that are deadly. They risk shortening their lives, considerably.

    Tuesday, May 08, 2007

    Effects of Corporal Punishment

    Effects of Corporal Punishment also: Save the Children - (PDF)

    Smacking is is usually the result of a parent venting their anger - and rarely does it reflect calm control and predictability that provides the context for a child that prepares them for social interaction later.

    Observation of a child who was beaten in the name of proper discipline (as a two year old) resulted in a dyslexic child who learned how to lie rather than face up to problems.

    It indicates that a diabolical relationship exists between parents inflicting infants with violence as control and crime becoming a solution to life's problems as the child becomes an adult.

    We are not "good hats" and "bad hats". We are complex creatures who learn primarily from experience and secondarily from information. Our experiences are more powerful influences than information. Love is our most powerful interaction.

    Smacking children causes problems.

    Children in Rudolf Steiner education are brought up gently, with a respect for them as individuals. Smacking is not necessary.

    The kids I know who were brought up in this way are socially advanced adults.

    The kids I know who were brought up with early parental violence are constantly in trouble with the police.

    Mild smacking or if it is very rare may have a benefit, nobody is arguing against that. But parental violence is an intergenerational madness and it is the parent that can stop it, not the child.

    Sunday, May 06, 2007

    Taser death explained

    MySA.com: Metro | State A medical examiner gave "excited delirium" as the cause of death when Segio Galvin, 35 years of age, died shortly after the police fired a 50,000 volt shock to the man who was high on cocaine. The police Tasered him three times before he was subdued. There appears to be no level where legal protection kicks in for suspects with this weapon. All the police have to do is keep shocking a troublesome suspect until his heart rhythm breaks. Death seems to follow after the heart stops. One can not readily accept the argument that a bullet is less deadly if the weapon appears to affect a level of criminal behaviour by enforcement officers.

    Taser death case (USA)

    According to Frost, a condition known as excited delirium caused the death of Galvan, a 35-year-old man who died in March shortly after police stunned him three times with a Taser — a conducted energy device that fires up to 50,000 volts of electricity. Galvan was high on cocaine during the struggle, Frost said.

    Thursday, May 03, 2007

    Smacking Law

    Opinion

    At last New Zealand has turned an important corner.

    The law change will result in some impact as people will think twice and that time taken thinking will remove much reactive smacking from the picture.

    Reactive smacking is more likely to be unjust and disproportional. Parents need better tools than showing their children that violence or chaos is the way to affect people.

    Like earlier social law reforms the reduction of the acceptance of violence in general is a slow intergenerational process.

    That this law can no longer be an issue, as National voted for it unanimously, brings New Zealand up a few notches on the international ladder of quality of life for our children.

    The new law removes the defense of "reasonable force" in the discipling of children in cases of abuse. A smart intervention by the Prime Minister and the Leader of the Opposition brought together a massive landslide for the vote on this issue with every member of the National opposition voting for the bill. The amendment does not change the nature of the change, it does not legitimise smacking or seek to define behaviours but states that police should not investigate every inconsequential complaint about a smacking that children may bring in retaliation. Parents who are successfully bringing up their families are an outcome that pushes any smacking into a gray area where the police are very likely to overlook it. However, in a fully dysfunctional war where parents seek to control their children with violence, and people risk getting badly hurt, these may now be prosecuted. Is Simon Barnett (used to be a TV personae, now a parent advocating freedom to smack children) now worried about his freedoms that he has admitted smacking his children on the TV debate? If he is not arrested then perhaps parents have little to fear from the law change. But he should now carefully read and accept the new laws that now govern the limits of his behaviour toward other human beings, even if he considers them his private property.

    LPD Faces Third Taser Related Lawsuit

    KCBD - NewsChannel 11 / Lubbock, TX: LPD Faces Third Taser Related Lawsuit

    We have been posting links to indiscriminate Taser use in parts of the USA. When an innocent is subjected to 50,000 volts of paralyzing current, in America they can at least try their luck in the courts at the multimillion dollar lottery of judgements that go with the plaintiff against the police. If any do.

    One would imagine that if the police can prove resisting arrest, then the remainder of the burden of proof naturally relies upon the result of that arrest.

    If the arrest involves intentional brutality then the Taser use also seems well outside the law. In cases where the arrest is not proper or even warranted the awards could be flowing. Society's little experiment with these dangerous weapons may be an advance in the USA over handguns and 9mm bullets.

    New Zealand has had police using pepper spray, batons and body armour without conflating the pressure response. Increasingly we hear of police busting drug lords with significant weapon cachets. But we do not hear of a huge number of gang warfare shooting related deaths. Criminal militia are an undesirable consequence of poverty and despair, but the police trial of the Taser in New Zealand does not afford the innocent with the luxury of trial before punishment, and exposes them to unacceptable levels of risk.

    Why can the police not come up with a better method of capturing their quarry before they start shocking jay-walkers or kids or simply the wrong person. What about a net gun, or some kind of harmless sedative dart? Even tear gas rarely injures people.

    At least in America the innocent can sue. In New Zealand, no go. We are "protected" by a social contract - universal Accident Compensation. Its not adequate to merely compensate for the lost work time or embarrassment or pain. And ACC would defend their fund by saying that arrest is no accident.

    So our Tasered become a disadvantaged underclass. The risks of their introduction outweigh the advantages.

    When is it necessary to use a Taser and not a gun? What alternatives to electric shock are there to disable a violent person? Should this weapon be in the hands of the New Zealand Police?

    Wednesday, April 25, 2007

    Point scoring at the expense of children


    Also see MP's children threatened - 01 Apr 2007 - The smacking debate - news and coverage

    The leader of the opposition, John Key stoops into the "smacking debate" and shows his colours as he cyncially tries to enshrine smacking into the law books. The current law leaves it to the courts to consider. Over the course of time, that has proven to allow some parents to slip through the "reasonable force" loop hole, including the use of weapons against children. No matter the long term consequences.

    Parents want cover of the defence of reasonable force so their freedom to ue smacking as a method of control is not criminalised. What other behaviours do they protect alongside their prediliction to adminstering corporal punishment?

    MPs in New Zealand are being asked to consider the elimination of the "reasonable use of force" clause as a defense in cases of parental abuse from the crimes act.

    This was a conscience issue but now seems a party line divide issue. The Right seek to make it into a parental freedom issue. The Left as a removal of a licence to abuse issue.

    It is being attacked as an attack on parents who sense that police will be knocking on their front door to arrest them. As if they would be first on the list.

    The debate has missed the point as has John Key who tried to get the right for parents to administer light punishment enshrined in law as a compromise, and thus cheaply ally himself with the 90% of parents that want legal protection to smack, but not hit. But there is no measure of the severity of what constitues "reasonable" and that is left to the court to consider. So why do people who use horse whips famously get away with it? The degree of elasticity in the law allows for it.

    Extenuating circumstances and a lawyer will build a case for reasonable force, as "reasonable" implies that the agency of the child is in play against the parent, therefore what is to stop a parent from claiming that her three year old declared war on her so use of a civilian Taser was entirely reasonable?

    The current law seems to be too elastic. Social conditions reflect upon what is considered reasonable, and for example, the police use of the Taser weapon (it kills a percentage of people) affects the interpretation of what society deems reasonable under the current law.

    The bill change is minimal. Sue Bradford could have proposed a more far reaching legislation, but frankly New Zealand is not ready to stop hitting the kids, not just yet.

    Police Taser Student at Southeast High School

    MyFox Kansas City | Police Taser Student at Southeast High School Tasers have now been used on a student in a school. When the student resisted arrest after the principal found marijuana on him and called the police. The student was being questioned by the principal about an alleged break-in at the school.

    Monday, April 23, 2007

    To avoid shock, EPD asks for Taser input

    To avoid shock, EPD asks for Taser input - News "There is still some debate over whether police officers can voluntarily be shot with a Taser during the training, as some instances have resulted in officers sustaining serious injuries, including heart attacks."

    Sunday, April 22, 2007

    Taser use in Syracuse

    News from The Post-Standard on Syracuse.com: Golf club used in fight A fight between two men on a golf course was broken up by a cop with a taser. Sounds great - the man had a baseball bat raised and that was sufficient reason to blast 50,000 volts though his nervous system. He was seen hitting another man with a golf club and had made eye contact and issued a warning. All this probably occurred in a few seconds. Therefore, basic training for a cop to talk down someone acting out of anger is not required. One warning and then the man is down. Instant punishment is not justice. It is born of a lynch mob mentality that demands instant retribution. The dynamics of policing are damaged by the use of weapons. It is great that in the USA where a cop may shoot first and ask questions later that the taser replaces a bullet. But in New Zealand where the cops have not been armed (except with batons) the taser is a step toward chaos. Instead of replacing weapons, it replacess respect, authority and the need to find ways to deal with danger. The taser is a blunt instrument of "justice". Not as final as a bullet but it puts punishment into the hands of front line police and that is a danger.

    Monday, April 16, 2007

    Massacre

    More death in American Colleges

    Blood spilled from early this morning in what authorities thought wa an isolated domestic incident. It was not. The assassin returned with an automatic weapon and intentionally slaughtered as many innocents as possible. Descriptions of the student as "Asian" could mean it was an issue of Homeland Security.

    But, it is the over protective Homeland Security laws that could be seem as a factor in the response by authorities who would have categorised it as a "domestic" on some idiot scale, and not placed the Univesity on immediate emergency lockdown while the mass murderer was preparing for his major assault.

    Heck, if I spent 300 billion on security I would expect to be able to stop a man carrying an automatic weapon on campus. The reactions of the students may seem a little surreal, unless you have been subjected to the sheer unreality and terror of being held at gunpoint, it may not seem logical that time kind of stops and one's actions may be based on panic instict rather than reason.

    The very idea that the Government classifies threat without due process is why the investment in Homeland Security by constant paranoia is simply bad law.

    The solution is to train people how to deal with the unexpected, not just provide a huge swallowing bureacracy. It is not identification of terrorists, it is civilizing the rest of us that is the real secret weapon in this "war on terror".

    Thursday, April 12, 2007

    I've moved on from smacking

    I've moved on from smacking - Opinion: views on the news on Stuff.co.nz There is a bill before parliament to remove section 59 exclusions to the crimes act that parents who inflict violence upon their children have escaped conviction. The use of "reasonable force" should no longer be available as a defence. Many parents have united in asserting their right to "lightly smack" children and protested the "right to smack" with a march on Parliament with kids brandishing banners saying they wanted to retain the "right to be smacked". Since the bill does not address smacking, the media calling it the "anti smacking bill" are misrepresenting the facts. The linked article by a parent explains, clearly.

    Monday, April 02, 2007

    The "Smacking Bill"

    It is not a "Smacking Bill". It is removal of a provision that means that parents who are violent to their children are simply not brought before the courts. Maybe it should go further, but it does not. Why all this debate about "Smacking" being some kind of holy ritual is beyond me, but each time you strike your kid you are basically teaching your kid to use tactics and naughty behaviour in opposition to your will. Yes I am a parent. I speak from experience. Kids who are never ever smacked usually end up being very civil and kind individuals who excel at school. Hitting your kids makes them more stupid as it teaches them they are inferior. It teaches them to lash out at problems. The protest to "retain the right to smack children" is absurd. No law banning smacking has been proposed. The state has a duty to provide protection to children from cruelty and in-bred habitual punishment.

    Saturday, March 31, 2007

    Former detective named in sex scandal

    Former detective named in sex scandal - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

    Police image is getting a serious drubbing in the press over the public release of yet more evidence of use of batons and handcuffs as sex toys in group sex sessions. We do not believe the practise to be widespread but the paper reports fearlessly that it was happening as recent as 2002 (as though offences in the 1980s should be forgotten, as everyone wants to forget the 1980s, its hairdos, weird suburban sex parties, et al).

    It is outrageous enough that this practice existed at all, but for them to make videos of it has added a Abu Griab dimension to the sordid affair. "It has always been private business. There's no criminality. There's no story in it." "It's nothing that doesn't happen in 500 houses, and probably your one." protested the officer in an attempt to deflect the attention." said the former detective sergeant who appeared in the video. The idea that in 500 houses, police are conducting group sex sessions with their batons is a much more serious contention by this officer, but let's disagree. The idea that police may using weapons issued for law enforcement as a fetish may not be that suprising, but for them to make video of it can only bring the force into disrepute. Publicising the video is the action of a woman who may have felt powerless for years in the circumstances that probably broke her marriage, and perhaps now, she is able to fight back? It is worth a proper investigation.

    Friday, March 30, 2007

    Tinnie-house raiders vow to keep up fight

    Tinnie-house raiders vow to keep up fight - 31 Mar 2007 - NZ Herald: New Zealand National news

    Police are determined to clean up Otara "tinnie houses" where a legal secretary and her child were amoung those caught buying small quanities of cannabis. The price of a foil wrapped "tinnie" seems to be $20 but the real price to this woman was more obvious when she said that she did not want her picture taken by a newspaper photographer. She was speaking of her rights. The police told her she should not have been buying drugs if she wanted her rights respected.

    The woman was one of forty people caught buying cannabis in Otara, during the past few weeks. Police say they will continue targeting drug buyers and sellers in Otara until the town is "off the map as a tinnie house destination".

    One may assume, if they are addicted to cannabis that they would find another source, maybe it's out of Otara, and maybe it's not. We do not question the police enforcing the law. We question the public strategy.

    P use is rife in South Auckland. P is a harmful drug that kills people and ruins lives. Cannnabis has a national organisation dedicated to its normalisation within the law because its use is widespread. The police action is not rational. Why target users and a tinnie house (carrying a stock of $460 worth of tinnies, and a hammer) with police resources that are famously overstretched, while only skimming the surface of a billion dollar P industry of evil dealers and heartless manufacturers, to target disobedient civilians?

    It is not just wasteful of precious police resources, but pits 25% of the population who would prefer cannabis to be as legal as a glass of red wine over dinner against the forces of law and order. The police need the citizenry to never be afraid to report a suspected P dealer or P factory. P is a crime that occurs in the community and damages lives within a few short months of excess.

    What evil is being conquered here? Driving potential informants underground is a terrible strategy. Perhaps the police think this s good PR for their image shot all to pieces by allegations of sexual humiliation (at best) or what most people perceive as pack rape at the hands of out-of-control power-happy police.

    It is not just a waste of police resources. It damaging public loyalty to the forces that are there to protect them.

    These facts together spell a PR disaster for the police.

    Wednesday, March 21, 2007

    Sports star's name suppression not backed by police

    Sports star's name suppression not backed - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

    It turns out that the police do not support name suppression for the sports star who is accused of rape.

    A court official in Hamilton revealed that the intent of name suppression was to hide the sport the man played. But the Waikato Times published which team he played for, thus reducing the name suppression to no effect.

    It seems like a murky case of contempt of court. Name suppression has its reasons; the presumption of innocence is more important to protect than naming anyone at all that is accused of crimes by anybody at all. The reputation of any man accused of rape is going to be tarnished.

    It may also weaken the police case. Letting guilty rapists get away with it is an even worse outcome.

    Swift justice for one and all - is the answer. It is not always helped by media speculation.

    The media is there to report on the case after due process has occurred, not before.

    Tuesday, March 20, 2007

    Name Suppression, in name only

    All Black in court on assault charge - New Zealand, world, sport, business & entertainment news on Stuff.co.nz Just how many current internationally playing All Blacks come from Hamilton then? Like the "Celebrity drug trails" last year, name supression becomes a legal state of anonimity where the media pretend to hide identity. In this case, details of the case are just a little specific.

    Saturday, March 10, 2007

    Rickard's right to Justice

    It may not be fashionable to come to the defense of New Zealand's most senior police casuality. A forensic need to pursue historic cases that has arisen as the ability to examine ancient evidence acclerated lightyears ahead of where it was.

    The Law is the Law - one of those trite sentiments that justifies the brute application of law. The law is not a "Natural Law" that is enforced by inevitability or tendancy. The Law is a set of agreements that are reached after five or ten years of sorting our leaders into government and opposition.

    Historic accountability does present an interesting problem.

    Political change follows cultural support for protest activity endorsed demographically. This was first made clear to Government in 1381 peasants revolt, and again in 1985 in the UK the invincible Thatcher Government lost its footing due to disobedience by 30% of the population not paying their Poll Tax. They still pay a council tax which amount to a similar thing, but the Labuour party eventually won power for an extended period. The same phenomena can be observed in the late 1960s America with the burning of draft cards. An act of deliberate criminal protest, that assumes democractic legality by the significant numbers participating.

    There is a certain danger with these Police Sex trials, one after another. The weight of multiple accusations is not tried, as in New Zealand there are laws of supression that keeps the trials separable. Perhaps it would be for the public good to

    It is is the encouragement and impetus it gives the population to be more bold in their protests. The last major confrontation between the puhlic and the police - the last large socially changing one - was in 1981 - when the racially selected Springbok Tour was in New Zealand. The Rickards defense lawyer and Rickards challenge our perceptions by not showing minimal latent contrition for his deeds, which in the context they were committed may have been "consensual" but when spoken about 20 years on sound brutish and horrific to the majority who do not see something wrong with these men and their potential ability to recognise that they indeed have caused harm to people.

    Justice may be blind. Rickards costs mount up, apparently about $500,000 (of $600,000 earned over three years of suspension). He is paid wages by the tax payer. Ultimately this is a tax payer funded political drama.

    Internet forensics

    We have been warned how to be cautious with online banking and how to deal with adriot manipulative phishing attempts to surrender information. The article in Stuff makes online banking sound as safe as a leaking submarine. It makes purchasing from websites apart from "name brands" sound more risky than handing over your credit card to a waiter at a restaurant.

    It is a false and destructive impression. Yes there are threats. Of course there are criminals and terrorists who use the internet.

    Safe payment systems exist that can be trusted, and using them is safer than using your EFTPOS card at your local dairy. Yes, you can be ripped off, if you are wise, you are unlike to be. Instead of a fuzzy video crime-watch mug shot, we have trails of validated digital evidence, enabling authorities to catch online thieves.

    We must evolve technical proficiency second to none in the world and gain confidence with technology. The fact is that internet commerce, well implemented, keeps an audit trail of transactions. These include fraud. If our police forces kept up with the play technically they would be able to follow up 100% of internet crime leads.

    The internet is less like the Wild West but a highly monitored and trackable environment that makes life far more risky for the techo-crook.

    The Police should be able to reassure the citizenry that it is safe to enter the temple. Instead we are fed caution and fear, we are given responsibility for that we can not control and it will continue to retard progress.

    Saturday, March 03, 2007

    Gagging for it

    Rickards would 'find it hard' to regain support - New Zealand news on Stuff.co.nz - if convicted police rapists claim that their victims were "gagging for it" (and it means their police batton being used as a dildo during sex) are supported by Clint Rickards, it is no wonder if the public loses faith in him. Unlike his friends, Rickards may look the part as a sex athelete but to declare personal inferiority to his carved up and dented "instrument of enforcement by deliberate injury" - while he was at it, raises the question why a 16 year old was "gagging" for a truncheon? It is what the public will remember. And it gets worse.

    If a suspect is seen by this enthusiast to be "gagging for it" one can imagine he would arrest them to "show them a lesson". Now can you imagine your teenaged son, or better yet, your virginal 15 year old daughter who lies about her age, is tumbled into a police van at a party, now looks pleadingly at arresting officer as he is about to close the cell door on her? Mr Rickards appears to collude in creating an unacceptable atmosphere of threat. This seems not so much an opinion, but a feeling of reaction.

    Mr Rickards, all respect, sir... The public support your right to be considered innocent until proven guilty, beyond any reasonable doubt - but it was your deeds that betray you and reduce the confidence in you as a protector of the public good. Start work on Monday? Sure thing. Now, I would just like to know, if we are we going to be subjected to more taser attacks on the sense of decency and regard for humanity required of the guardians of public safety? The public used to trust the police. Now we risk being tasered and locked up by for your animalistic orgies? Not quite what we had in mind. We simply want to see the even application of justice.

    Now, you see - we are "gagging for it".

    Tuesday, February 27, 2007

    Graffiti

    Tagging, is it a crime?

    MainPage - IPRED wiki

    IPRED wiki - The European Union appears to be tightening laws relating to copyright and piracy. But by failing to differentiate fair use and piracy, does this directive endanger important civil liberties? Will this create a "Prosecution Paradise" where the law becomes unbalanced - it becomes too easy to jail people by pretext because everyone is guilty of something. There is a name for that kind of authority. It is totalitarianism by blunt instrument. All kinds of law suits may whittle the law down to human proportions, but what kind of environment do civilians suffer in the process?

    Friday, February 23, 2007

    Smacking and parental rights

    Scoop: Marc Alexander - Smacking away parental rights

    There is a law before NZ parliament to outlaw parents who hit their children.

    Reactionary forces have voted against this justify it by saying hitting children is a parental right. A parent should be able to choose their weapons, select how to discipline children. The crimes act of 1961 says that a parent is justified in the use of reasonable force as correction towards the child. Marc Alexander in this article asks how hard is it to understand the meaning of "reasonable"? He says this law is adequate. It is not.

    Modern thinking on the subject is that parents using ANY violent force against their children will not only make the child backward in life, but it forces the child into a set of calculations that eventually result in criminal actions. Violence is wrong, because children learn by example and hitting children begets a violent society. Extreme cases must be prosecuted. Parents need to evolve their disciple so the child is intelligent enough to solve problems. Children who are hit become teenagers who run away and commit crimes. It is too damaging not to change the law.

    Keeping people "in line" is the language of slavery. It is the job of a parent to bring the child up to their best of their ability. Any culture of accepting violence toward children is regressive, socially. Child abuse is an intergenerational disease. The final result is that the child, now an adult, abuses their elderly parents.

    Sue Bradford, the Greens MP that has put up the Anti Smacking bill has suffered death threats from irate parents. This is in itself evidence of why the law needs to be stronger so that very severe cases of child abuse as punishment can be prosecuted.

    Right wing media claim that the bill removes a fundamental right of parents - to hit their own children. I question that parents have any such "right". Children do not belong to parents. It is time we saw children as our future.

    Thursday, February 22, 2007

    Why BZP ?

    Mind-altering drugs: does legal mean safe? - drugs-alcohol - 29 September 2006 - New Scientist - New Zealander Matt Bowden solved his dependence on hard drugs by using BZP - and started marketing the legal high to New Zealand as "harm reduction". Now, six years later shrill calls to ban it regularly hit the media. But it may be stopping P from becoming more wide spread. Imagine how much more money would flow into the drug mafia if P were as popular as BZP.

    Drug Harm Scale

    Check this graph - what are the relative harm factors of various drugs and alcohol? New scientist reveals how alcohol is more harmful than LSD, tobacco is more harmful than cannabis or ecstacy. Even Ritalin is more harmful than Ecstasy.

    Wednesday, February 21, 2007

    Website threats to MP

    Police called over website threats against smacking bill MP - 21 Feb 2007 - Political News - New Zealand Herald It is evident that those parents who want to avoid prosecution under th crimes act for abusing children with violence are perhaps a little out of control when they start making threats to assinate an MP. The infamous CYFSWATCH blog was shut down by Google and although we are against censorship, hate speech is worse. Threatening our democracy with terrorism is not the answer. Parents who want to retain the right to hit their children are actively manufacturing criminals and future parents who can only control their children with threats of violence. The threat to assinate an MP is evidence that there is a concerted lobby to maintain a status quo that is not reasonable and is also very harmful. CYFS has its faults but it is better to have it than throw 14 year olds into jail for crimes like tagging and minor offenses. We need our jails to house violent criminals, and if that includes parents that beat their kids up, then at least they will not go out hunting MPs.

    Anti Smacking Bill

    How your MP voted

    FOR 70

    Labour (49): Rick Barker, Tim Barnett, David Benson-Pope, Mark Burton, Chris Carter, Steve Chadwick, Charles Chauvel, Ashraf Choudhary, Helen Clark, Clayton Cosgrove, Michael Cullen, David Cunliffe, Lianne Dalziel, Harry Duynhoven, Ruth Dyson, Russell Fairbrother, Darien Fenton, Martin Gallagher, Phil Goff, Mark Gosche, Ann Hartley, George Hawkins, Dave Hereora, Marian Hobbs, Pete Hodgson, Parekura Horomia, Darren Hughes, Annette King, Shane Jones, Luamanuvao Winnie Laban, Moana Mackey, Steve Maharey, Nanaia Mahuta, Trevor Mallard, Sue Moroney, Damien O'Connor, Mahara Okeroa, David Parker, Jill Pettis, Lynne Pillay, Mita Ririnui, Ross Robertson, Dover Samuels, Lesley Soper, Maryan Street, Paul Swain, Judith Tizard, Margaret Wilson, Dianne Yates.

    Greens (6): Sue Bradford, Jeanette Fitzsimons, Sue Kedgley, Keith Locke, Nandor Tanczos, Metiria Turei.

    National (6): Paula Bennett, Jackie Blue, Chester Borrows, Paul Hutchison, Simon Power, Katherine Rich.

    Maori Party (4): Te Ururoa Flavell, Hone Harawira, Pita Sharples, Tariana Turei.

    New Zealand First (3): Doug Woolerton, Brian Donnelly, Barbara Stewart.

    Progressives (1): Jim Anderton.

    United Future (1): Peter Dunne.

    AGAINST 51

    National (42): Shane Ardern, Chris Auchinvole, David Bennett, Mark Blumsky, Gerry Brownlee, David Carter, John Carter, Bob Clarkson, Jonathan Coleman, Judith Collins, Brian Connell, Jacqui Dean, Bill English, Christopher Finlayson, Craig Foss, Jo Goodhew, Sandra Goudie, Tim Groser, Nathan Guy, John Hayes, Phil Heatley, Tau Henare, John Key, Colin King, Wayne Mapp, Murray McCully, Allan Peachey, Eric Roy, Tony Ryall, Katrina Shanks, Clem Simich, Lockwood Smith, Nick Smith, Georgina te Heuheu, Lindsay Tisch, Anne Tolley, Chris Tremain, Nicky Wagner, Kate Wilkinson, Maurice Williamson, Pansy Wong, Richard Worth.

    ACT (2): Rodney Hide, Heather Roy.

    New Zealand First (4): Peter Brown, Ron Mark, Pita Paraone, Winston Peters.

    United Future (2): Gordon Copeland, Judy Turner.

    Independent (1): Taito Phillip Field.

    Thursday, February 15, 2007

    In Fraud Case, 7 Years in Jail for Contempt - New York Times

    In Fraud Case, 7 Years in Jail for Contempt - New York Times - no justice is bad justice. This man has been imprisoned for his crime, even if he is not found guilty of charges other than conspiracy that he has given in a plea bargain. What kind of representation results in that kind of result? Justice is not served by a judiciary that allow de facto punishment.

    The Age of Accountability

    Twelve-year-olds should be accountable - top youth judge - 16 Feb 2007 - National - with the age of consent at 16, driving at 15, and alcohol at 18 - a judge proposes the lowering of the bar for the age of criminal responsibility from 14 year to 12 years. P use in lower socioeconomic families and exposure of children to P manufacture and distrubution enterprises by criminal families certainly make this seem like a good idea. The CYFS (Child Youth and Family) system acts as a buffer between troubled families and the justice system. Some say it does not operate all that well. Some say that it does.

    The problem with CYFS and youth justice is that there is no handbook that tells you how to deal with a criminal 12 year old. "Its the parents!" you hear that one on talkback all the time. It is not always the parents - sometimes it is the child acting out criminality based on cultural norms expected by their contemporaries and drug use amoungst teenagers is a case in point. There is much right wing uproar about moral issues - but it is the formation of stable families that promote traditional values that is the task these moralists fail to address - it is all great to criticise those who are behind in the wealth stakes - but what about criminal children who are wealthy? Should they get the same protection from the law as 12 and 13 year old taggers, vandals and miscreants?

    This is the start of a very dangerous trend. 12 year olds are afforded education. 17 year olds are afforded justice. If by the age of 17 the education does not work, then personal responsibility can be enforced upon the young adult. But at 12 years old, there is no hope that the child can gain in adult responsibility, even if they are playing with guns and drugs.

    The CYFS system is not perfect but it is better than jailing 12 year olds. The judiciary could make CYFS into a political football, but a clear coherent policy that gradually improves the situation for our young people may do better. CYFS is a good idea. It is a large organisation and does have a variety of strengths and weaknesses.

    But it is corrective in nature. We should also examine schools to see why they are not equiping children with the tools of a good education so they do not turn to drugs or crime as source of sustenance when they grow up.