Justice system
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Justice system
The justice system needs radical change to undo a largely monocultural system and truly address hate crimes and discrimination. Participants spoke about needing alternative ways of implementing justice that understand intergenerational trauma and are culturally appropriate. Access to justice for disabled people, reconciliation practices and utilising community-led restorative justice measures were all examples of positive changes.
This whole justice thing in NZ, it’s one of the most systemically exclusive processes we have in society. The labelling of certain groups. The stuff with the Somali community. Their youth are pilloried by the justice system. They don’t have the kaumatua that can help them, their kaumatua are alienated. There are some good examples, Te Ati Awa in Wellington is really good. The police want to roll it out elsewhere but others aren’t able to handle it. But partly that’s because they don’t fund it. Putting people around the table and see what the issues are, and if there’s some guilt, see what that is. The stigma that comes for those who’ve mucked up in their lives, they can’t get out of that. Even if they have changed.
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This whole justice thing in NZ, it’s one of the most systemically exclusive processes we have in society. The labelling of certain groups. The stuff with the Somali community. Their youth are pilloried by the justice system. They don’t have the kaumatua that can help them, their kaumatua are alienated. There are some good examples, Te Ati Awa in Wellington is really good. The police want to roll it out elsewhere but others aren’t able to handle it. But partly that’s because they don’t fund it. Putting people around the table and see what the issues are, and if there’s some guilt, see what that is. The stigma that comes for those who’ve mucked up in their lives, they can’t get out of that. Even if they have changed.
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A bigger thing is accountability. Not just on an individual level but at a political social level. To engage with the nastier parts of themselves that people don’t want to admit. There are pockets of society where they don’t have any interaction and no baseline of engagement. Confrontation that’s positive in how they react to other people. That could bring about a better sense of community or belonging. That weigh up could increase accountability. A lot of ppl have a baseline which is more like a world view. Their social cultural understanding. They don’t meet other ppl, don’t have involvement. Therefore it’s difficult to have empathy. Even if they have an awareness of what they’re lacking would take a big step to getting closer to restorative justice.
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Recourse for us to show that there are consequences for discrimination. Hate crimes, better ways to record it with the police. I know there are issues of privacy, but sometimes it can be a block when someone is abusing you. You should be able to record that and send it to the Police. There should be a diversion programme, so people have to pay a fine, or a programme.
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Having access to resources, taking control in one way or another of things. There are different ways to be empowered. One way is the justice system, if we could have our own system of transformative justice. If we weren’t relying on police, lawyers and judiciary to deal with social issues. The people from People Against Prisons Aotearoa are the best around transformative justice, where communities try to overcome harm. In the current system they don’t get transformed at all.
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Is punishment [prison] actually the way to go or is therapeutic justice the way to go. Do you want to help them and try change their views or do you just want to imprison them? One person might actually benefit more from being in prison than therapeutic justice because that’s just how they learn, and vice versa.
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Reconciliation is a big thing, some people just struggle with confrontation, conflict resolution. I can embrace that.
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I think that among young Māori – they are looking to ways and places to enact justice. I think the answer is a smorgasbord of things – in a marae – that’s the forum I know – you can korero on the same level. In a whanau – you can korero with support.
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Participant: there’s a presumption of guilt. Especially with young Māori men. Prisons are full of Māori men. If you’re Māori, there’s more of a chance to go to jail for the same crime. Participant: we just trusted him [ie they trusted Kereama when the accusation was made]. The sense of belonging: this is what was stopping it. This took 2 years, even to negotiate it, [justice said] “you accept this” and the terms were unfathomable and he wanted employment. There’s not a lot of Māori men who can come and kaikorero to [x]. There’s very little male support in the whanau structure, the dad’s not present.
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