PSYC335: Overview of Forensic Psychology and Crime in Aotearoa

Forensic Psychology

psychological science applied to the criminal justice system.

Relevant Psychological Concepts for Law & Crime

All of Them: Learning, Social Context, Cognition, Memory, Development, Culture, Interaction, Psychopathology, Attention

Modern Pākehā Justice

backwards-looking

A Māori Approach (Retributive Justice)

strongly forward-focused, focusing on repairing disrupted relationships, and achieving mediated outcomes acceptable to all parties

Restorative Justice

focuses on the rehabilitation of offenders through reconciliation with victims and the community at large

Māori Concepts of Justice

Tika and Tikanga,

Tika

correct, true, just, fair, accurate

Tikanga

- correct procedure, method, rule

- The traditional Māori legal system

Focuses of Māori Justices

Tapu (be sacred, prohibited, restricted, set apart, forbidden, under atua protection)

Noa (opposite of Tapu, i.e., "ordinary" or "free from restriction")

Mana (authority, prestige, and influence)

Māori Concepts related to Tapu/Noa/Mana

Hara & Ea

Hara

- transgression of tapu

- commission of wrong resulting in imbalance

Ea

be satisfied (an account, score, etc) and/or settled

What is (Im)Balance

- Exists in the relationships with others (whanau and whakapapa)

- Impacts on, and the responsibility of, the collective (whanau and communities)

- Continues through time (intergenerational)

Tauiwi Legal Systems

The legal systems brought by European settlers to Aotearoa

How do Tauiwi Legal Systems Define Crime

crimes defined in law, arguing that crime is a harmful act, prohibited and punishable under criminal law

Tauiwi Legal Systems vs. Māori

Tauiwi is against the law, not against the victim. It is not defined by harm to a person (like Māori), defined instead by a set of agreed upon rules

Problem with Tauiwi Legal Systems

not all laws protect everyone (specifically Māori) from harm, some laws even causing it. This leads to Māori having a distrust in the justice system, as it does not work and actively disadvantages Māori

Dept. Corrections MaCRNS (1999): Māori Culture-Related Needs

Argued that Maori offenders have different needs than non-Maori which may contribute to why they offend.

MaCRNS (1999): Four Principles

Cultural Identity, Cultural Tension, Whanau and Whakawhanau

MaCRNS (1999): Cultural Tension

Maori experiencing institutionalised racism & bias

MaCRNS (1999): Whanau

for Maori, family relationships had more influence on behaviour that other cultures

MaCRNS (1999): Whakawhanau

because Maori are collective, social relations have more influence on behaviour

Problems with Dept. Corrections MaCRNS (1999)

There was no research to back-up these ideas, but they still implemented it. This lead to a Treaty of Waitangi claim against of it and eventually it dwindled away

Tikanga Māori Programme Redesign (2012-14)

- Still running for the Dept. Corrections but redesigned it

- Involved high collaboration and partnership with Maori and emphasized relationships

Waitangi Tribunal: (2017) Tu Mai te Rangi

Dept. Corrections was taken to the Waitangi Tribunal, resulting in Hokai Rangi

Dept. Corrections: Hokai Rangi (2019-2024)

Māori Values: Manaaki, Kaitiaki, Whānau, Rangatira, Wairua

Hokai Rangi: "Pou" - Strategic Areas

- Shaping the way we work, partner, and deliver services

- Recognising and valuing Maori culture, people, and perspectives

- Treating people humanely and improving their physical and mental wellbeing

- Understanding the importance of culture and identity to wellbeing, connection, and participation

- Setting the standards and holding us accountable for what people will see and experience

Six Features of Hokai Rangi

1. Partnership & Leadership

2. Humanising & Healing

3. Whanau

4. Incorporating a Te Ao Maori world views

5. Whakapapa

6. Foundations for Participation

Hokai Rangi 2019-2024 Description of Partnership & Leadership

Highlights the importance of Māori-Crown Relations, Authentic shared decision-making with Māori at key levels of Ara Poutama Aotearoa and build treaty related capacity and capability of Ara Poutama Aotearoa leadership

Hokai Rangi 2024 Refresh Description of Partnership & Leadership

Subtle changes have been changed and the scope has been narrowed, with it focusing more on

1. access to programs rather than shared decision-making

2. leaders being cultural-responsive rather than increasing treaty related capacity and capability

3. not discussing Māori-Crown relations

Ellis v. R [2022] NZSC 114

The Supreme Court continuing with the hearing of Ellis due to the amount of others effected by this case, arguing that the balance was not resolved and the appeal should continue

- example of Tikanga Māori implementation in the Supreme Court

Ministry of Justice: Reason for the Criminal Justice System

- Protect individuals rights and freedoms

- Outlines what is unacceptable and penalties for lawbreaking

- Enforces the rules of how the country is governed

- To avoid further social and financial costs of crime

- Assess, manage and reduce risk of reoffending

The Criminal Justice System Structure in NZ

Made up a number of agencies

Ministry of Justice

oversees the justice system, deals with polices

Ara Poutama Aotearoa

rehabilitation, manage sentencing and community sentences

The New Zealand Police

enforces the law

Nga Koti o Aotearoa

courts of New Zealand

Oranga Tamariki

New Zealand agency for child welfare and protection.

Number of People Charged in NZ (Year Ending 20th June 2024)

66,323 adults were charged and 75% of charges resulted in convictions

New Zealand Conviction Crime Pattern

Increase in convictions but an overall decline in crime and connections in the last 10-15 years

New Zealand Most Common Offenses

- The most common charges are traffic offence, offences against justice, and theft

- Most crime is committed against property (73%) as opposed to people (27%)

New Zealand Homicide Rates

Homicide rates are more stable, but average is 65 per year

Crime Rates Often Reflect

- Willingness to report

- Criminalisation of behaviours across/within jurisdictions

- Effectiveness of police force

- Responses to crime (e.g., imprisonment or diversion)

Crimes Often Underreported

sexual violence and domestic violence are less likely to be reported (personal and traumatic)

How Much is Crime Reported

28% of all incidents were reported to the Police, but only 22% of personal incidents (less than 1/4)

Victimisation Surveys

Self-report surveys that ask people about their experiences with crime and their victiminsation

Top Reasons for Not Reporting

The incident was too trivial (38%)

Incident was reported to bank (24%)

Police could not do anything about the incident (19%)

Police would not be interested (14%)

New Zealand Victimisation Surveys

32% of adults experienced victimisation (2023) and a small proportion of the population are highly victimised Defined by the (experiencing > 4 victimisation in 12 months)

Purpose of Victimisation Surveys

Allows us to see the rates of underreporting and why

Conviction Rates (Year Ending June 2024)

- 42% were Māori

- 34% were European

- A smaller proportion were Pasifika (10%), Asian (4%) or other (2%)

- 79% were male

- 40% were under 30 years

- 23% were under 25 years

What June 2024 Conviction Rates Illustrate

Most people charged, convicted, and imprisoned are men

and men, Māori and young people are overrepresented compared to population statistics

New Zealand Number of People in Prison

As of 31 December 2024, 10,075 people

Prison Demographics

- 93.3% are male

- 41% are on remand

- 1/4 are under 30

- Over 50% of the prison population are Māori

New Zealand Reoffending Rates

- 38% resentenced and 27% reimprisoned in the 12 months after release from prison

- Young people more likely to be resentenced

Remand

People who are being kept in prison while awaiting trial

New Zealand Number of People in Remand

risen to over 40%

New Zealand CJS Contact Prevalence Across the Lifespan (Cohort Study)

- 1/4 have a criminal conviction

- 1/3 men

- 1/2 Māori (57%) and Pasifika (48%) men

- Many for minor crimes (e.g., shoplifting, careless driving)

- 1/2 of offending occurred when people were 17-22 years old

Age-Crime Curve

a curve showing that crime rates increase during preadolescence, peak in late adolescence, and steadily decline thereafter

The CJS Responses to Crime

- Diversion and discharge without conviction

- Fines and reparations

- Community-based sentences

- Imprisonment

The CJS Responses to Crime: Specific Conditions

- Alcohol and drug bans

- Electronic monitoring

- Residential restrictions

- Non-association orders

- Attendance at rehabilitation programs

New Zealand Most Common Sentence Type

Majority of people (31%) are given monetary penalties

- reflects how the majority of crime conducted is low-level, property or money related crime

New Zealand Percentage of Prison Sentences

13% are given a prison sentence (there has been a slight increase in the last year)

New Zealand Imprisonment Raise & Fall

1. 1985 and 2014: the prison population saw a 550% increase

2. 2014 and 2017: the prison population increased by 22.5% (driven by an more people on remand)

3. 2018: decline in the prison population

4. 2022: Steady rise

Three Things that Influence Trends in Prison Population

1. Rate at which crimes are actually committed

2. Tendency to send people to prison for particular crimes

3. Length of prison sentences

Reason for 1985-2014 Increase in Prison Population

1. More convictions for serious violent, sexual offending and Class A drug dealing

2. Longer sentences (3 strikes law)

3. More / longer remands in custody (changes to bail criteria, delays until trial)

Reason for 2018 Decrease in Prison Population

1. Greater use of community-based sentences, such as electronic monitoring

2. COVID-19 Pandemic

3-Strike Law

third offence, judge is obligated to give harsher sentence unless there is a humanitarian reason why

New Zealand Rehabilitation Programs

1. Special Treatment Unit

2. Medium Intensity

3. Short Intervention

4. Kowhiritanga

5. Te Whare Hapai Tangata

6. Mauri Tu Pae

7. Drug Treatment Programme

8. Maintenance Programme

9. Non-Violence Programmes

Special Treatment Unit

a prison-based program that provides high-intensity treatment for people who are at high risk of re-offending

Kowhiritanga

group-based programme for female offenders

Te Whare Hapai Tangata

programme for young people

Mauri Tu Pae

a kaupapa Māori based group rehabilitative programme underpinned by western therapeutic modalities

Countries with strong income inequality

higher prison populations

Countries with low income inequality

lower prison populations

Indigeneity & Crime

In colonised countries, indigenous people are overrepresented in their imprisonment & community sentence/orders

Overrepresentation of Maori in CJS

- Māori represent 50% of the prison population

- Māori men over 6x more likely to be in prison than Pakeha

- Māori women almost 11x more likely than non-Māori women

Two Reasons Why Maori are Overrepresented

1. Biased CJS (over-policing) creates worse outcomes for Maori

2. Maori communities exposed to more factors which predict offending (e.g., poverty, underemployment)

Important Notes of Maori's Overrepresentation in Prisons

product of colonise

while Maori are overrepresented, less <1% of Maori are imprisoned

not a Maori problem, a societal problem

Dept. Corrections Responses to Maori Overrepresentation in CJS

Te Ao Mārama & Hokai Rangi

Te Ao Mārama

partners with iwi and communities to work with the court and justice sector agencies

Hokai Rangi

a new strategic direction for the Department of Corrections to work alongside the community and whānau

Importance of Public Attitudes Towards Crime

- effects policy making

- the police get their authority from the public

- public opinion, including stereotypes and perceptions of groups, can impact sentencing and outcomes

- effect reintegration into society

Common Crime Misconceptions

- Crime is increasing

- Overestimating rates of violent crime

- Underestimating length and severity of criminal sentences

- High recidivism rates for serious offences

- Stereotypes about who commits crime and who is likely to be a victim

- youth crime increasing

Attitude

A set of emotions, beliefs, and behaviours toward a particular object, thing, or event

Three Components of Attitudes

affective, cognitive, behavioral

Affective Component

how it makes you feel

crime example: fear of becoming a victim of crime, sympathy to victims, anger at offenders

Behavioural Component

how you respond

crime example: increasing security or avoiding places/people you associate with crime

Cognitive Component

your perceptions, ideas, beliefs

crime example: your perception of risk or safety, beliefs/stereotypes of who commits crime, or ideas of what causes people to offend

Explicit Attitudes

attitudes at the conscious level, are deliberately formed and are easy to self-report

- Deliberate, conscious, and voluntarily accessible

Measuring Explicit Attitudes

Measured using a self-report measures

Implicit Attitude

attitudes that occur without conscious awareness towards an attitude object or the self

- Automatic, below conscious awareness, and involuntarily activated

Measuring Implicit Attitudes

Measured by implicit association tests

Outcome Measures

- Attitudes toward people who have offended

- Support for punitive measures (e.g., sentencing severity)

- Views around rehabilitation and reintegration

Things that Shape Attitudes

- Who we are

- Our direct and indirect experiences

- Our exposure to media

- Societal norms and stereotypes

Who We Are: Education Level & Crime Attitude

higher level = more positive/less punitive

Who We Are: Political Ideology & Crime Attitude

conservatives = less positive/more punitive

Who We Are: Fear of Crime & Crime Attitudes

more fear = less positive/more punitive

Who We Are: Personality & Crime Attitudes

"openness to experience" = more support for rehabilitation

Who We Are: Gender/Age & Crime Attitudes

mixed findings

Direct Experiences with Crime

- Jury duty

- Work in CJS

- Victims/witnesses