Unistart FPSYC101 final exam

Tikanga Māori

is defined as "doing things right, doing things the right way, and doing things for the right reasons". It serves as an ethics system and a custom law that governs how people interact with each other, their environment, and the divine

Māori Custom Law

From a legal perspective, it is a body of rules and practices established by Indigenous peoples for self-governance

Transmission

This knowledge is passed down through whakapapa (genealogy) and reinforced in everyday life through stories (pūrākau), songs (waiata), and various Māori arts like kapa haka

Local Variation

Understandings of Tikanga may vary between different iwi (tribes) and hapū (subtribes)

Manaakitanga

The principle of kindness, hospitality, and caring for how others are treated

Whanaungatanga

An emphasis on inclusiveness and the nurturing of relationships

Whakapapa

The genealogical descent of everything, connecting people to their ancestors (tūpuna), the land (whenua), and the gods (atua)

Mana

The inherent respect, prestige, and influence held by individuals and collectives, which others are expected to respect

Tapu and Noa

Tapu refers to sacredness or spiritual restriction, often applied to the body or specific places; Noa represents being ordinary, neutral, or free from restriction

Utu

The principle of reciprocity and the necessity of restoring balance after it has been disturbed

Tika and Pono

Concepts representing that which is right/proper and true/honest

Tikanga as a Justice System

value based, collective responsibility, restoration over punishment, mechanisms of compliance e.g whakama, mataku

what value based entailed

Justice was decided based on community values rather than explicit, written prescriptive rules

what collective responsibility entailed

Wrongdoing was not viewed as an individual act; instead, responsibility was placed on the offender's entire collective, such as their whānau

what restoration over punishment entailed

The primary goal was to restore the victim and their collective to their former state through reparations, known as muru. While not strictly punitive, serious violations could result in capital punishment

mechanisms of compliance

Compliance was maintained through strong social bonds and the psychological concepts of whakamā (shame) and mataku (fear of divine retribution for violating tapu)

relationship with earth

Māori view themselves as tangata whenua (people of the land), possessing a literal and metaphorical relationship with Papatūānuku (Mother Earth) that carries specific rights and responsibilities

environmental stewardship

Rights to use natural resources, such as fishing or navigation, come with the responsibility not to exploit them, ensuring they remain available for future generations

ancestral connection

Ancestors (tūpuna) are viewed as the "spring" that gives descendants their standing in life, and individuals have a responsibility to know their history, including both the good and bad lessons of the past

the collective body

The structure of society—Whānau (family/to give birth), Hapū (subtribe/pregnant), and Iwi (tribe/bones)—is linguistically and conceptually linked to the image of a collective body

early policy

Initially, some British policies like the Native Exemption Ordinance 1844 briefly recognized Māori practices such as muru

repressive laws

Later legislation, such as the Tohunga Suppression Act 1907, outlawed Māori experts and effectively criminalized being Māori

modern integration of tikanga maori

In recent years, there have been efforts to re-incorporate Tikanga into the modern criminal justice system to address overrepresentation and improve outcomes

Hōkai Rangi

A strategy by the Department of Corrections to weave Māori worldviews into correctional practice to restore mana and support wellbeing

He Awa Whiria

A "braided rivers" approach that brings together the strengths of both Māori and Western psychological frameworks

Specialized Programs

Initiatives like Tai Aroha (a residential program for high-risk men) and Te Pae Oranga (community justice panels) use Tikanga principles to facilitate healing and accountability

Core Characteristics of the Traditional System

Values-Based: Right and wrong were determined by community values (such as tika and pono) rather than prescriptive, one-size-fits-all laws.

Localized and Decentralized: There was no centralized police force, court, or prison system. Justice was handled locally by the relevant parties and community elders.

Non-Adversarial: The process did not pit a "prosecution" against a "defence." Instead, it involved whoever was necessary to reach a resolution.

Restorative Goal: The primary objective was not strictly to punish the offender but to restore the mana of the victim and the balance (utu) of the community.

mechanisms of compliance - Whakamā (Shame/Embarrassment)

Because tikanga was embedded in everyday life and reinforced by the community, individuals sought to avoid bringing whakamā upon their whānau and collective

mechanisms of compliance - Mataku (Fear of Divine Retribution)

There was a widespread belief in spiritual consequences for violating tapu (sacred restrictions). For example, it was accepted that such violations could lead to sickness or even death through divine retribution

Muru - reparations

This was a system of taking reparations as a penalty for offences. A victim and their party could go to the offender's collective and take goods to compensate for the harm done. The scale of muru could range from a private, quick resolution to a days-long process involving an entire iwi (tribe)

Utu - reciprocity

Sanctions were intended to restore the balance that had been disturbed by the offence. Once the requirements of utu were met, the obligations between parties were considered resolved

capital punishment

While the system was restorative, it was not a "soft option." For very serious violations of tikanga or tapu, capital punishment was utilized as a means of restoring final balance

Historical Transition and Suppression

In the early colonial period, the British Crown initially recognized some aspects of Māori justice. For example, the Native Exemption Ordinance 1844 allowed Māori convicted of theft to pay four times the value of stolen goods as a form of muru rather than facing British punishment. However, as the settler state expanded, these traditional practices were systematically suppressed, denigrated, and replaced by English legal philosophy to facilitate colonial control and land dispossession.

He Whakaputanga (Declaration of Independence, 1835)

Signed by 52 chiefs and the British Crown, it declared the country an independent state, asserting that all sovereign power resided exclusively with the chiefs. It intended for a Māori Congress to meet annually to frame laws for justice and trade

Te Tiriti o Waitangi / The Treaty of Waitangi (1840)

An agreement between the Crown and various iwi. A central issue is the dispute over translation: the Māori version (Te Tiriti) guaranteed tino rangatiratanga (sovereignty), whereas the English version claimed Māori ceded sovereignty to the British. The Waitangi Tribunal later concluded that the chiefs who signed did not cede sovereignty

Initial Policy

Early British policy occasionally recognised Māori customary practices, such as the Native Exemption Ordinance 1844, which allowed for reparations (muru) instead of British punishment for certain crimes between Māori

Kiingitanga (The Māori King Movement)

Formed in the 1850s to aggregate tribal power, protect land from sales, and preserve Māori culture

The Waikato War (1863–64)

Triggered by Governor George Grey’s desire for land, the Crown invaded Waikato based on false rumors of a Māori invasion of Auckland

The Rangiaowhia Tragedy

In February 1864, British forces bypassed Māori warriors to attack Rangiaowhia, a non-combatant sanctuary. They burned people alive in a church and shot those attempting to surrender. While English history often framed this as a military victory, Māori view it as a treacherous murder and war crime

Raupatu (Land Confiscation)

Laws like the Suppression of Rebellion Act 1863 and the Land Settlement Act 1863 allowed the state to confiscate the land of any Māori deemed to be in "rebellion"

Tohunga Suppression Act 1907

Outlawed Māori experts (tohunga), effectively criminalising Māori knowledge systems in medicine, carving, and astronomy

Language Suppression

Te reo Māori was informally banned in schools to force English-only instruction

Parihaka (1879–1881)

The state broke peaceful Māori resistance by imprisoning protesters without trial and committing acts of violence and rape against the community

Abuse in State Care (1950–1999)

Thousands of Māori children were admitted to state care or adopted into non-kin families, where they experienced widespread physical, sexual, and emotional abuse. This resulted in a deep disconnection from whānau and culture, serving as a direct pathway into gangs and prison; up to 42% of Māori who were in state residential care later received a prison sentence

Criminal Justice Overrepresentation

Māori make up approximately 17% of the general population but constitute over 50% of the prison population

Explanations for Injustice - Systemic Bias

Māori are more likely than non-Māori to be prosecuted and imprisoned for the same crimes

explanations for injustice - Exposure to Risk Factors

Colonisation is the root cause of social deprivation (poor education, unemployment, family dysfunction) that increases the likelihood of offending

Ngā Pirihimana (Police)

Implementation of Iwi Liaison Officers and strategies like Te Huringa o Te Tai to build community relationships

Te Pae Oranga

Alternative resolution panels that use iwi and community members to address underlying causes of offending through a restorative lens

Ara Poutama (Corrections)

The Hōkai Rangi strategy (2019–2024) seeks to prioritise the wellbeing of those in care and weave Māori worldviews into correctional practice to restore mana

Declaration of Independence / He Whakaputanga (1835)

• Recognition of Sovereignty: Written by James Busby, the British Resident, the document explicitly recognised the independence and collective authority of Northern rangatira (chiefs). It declared that all sovereign power and authority resided exclusively with the hereditary chiefs in their collective capacity.

• Impetus for the Declaration: The push for a declaration arose partly from Māori engaging in international trade. Northern tribes, owning their own ships for exports to Australia, faced maritime law issues because they lacked a flag, which was a necessary symbol of nationhood. Obtaining a flag restored their mana and allowed unimpeded trade.

• The Māori Congress: The Declaration intended for the chiefs to meet annually as a new political entity called the Māori Congress. This body was tasked with framing laws for the dispensation of justice, the regulation of trade, and the preservation of peace and good order.

Te Tiriti o Waitangi / The Treaty of Waitangi (1840)

• Translation Disputes: The Māori version (Te Tiriti) guaranteed Māori tino rangatiratanga (sovereignty or self-determination) over their lands and resources. In contrast, the English version (The Treaty) claimed Māori ceded all rights and powers of sovereignty to the British Crown.

• Legal Findings: Extensive analysis by the Waitangi Tribunal in 2014 concluded that the rangatira who signed Te Tiriti in 1840 did not cede sovereignty to the British and retained the authority to make and enforce laws over their own people and territories.

• Erosion of Rights: Despite the guarantees in Te Tiriti, the colonial settler state rapidly set about extending control and eroding Māori rights. This was exemplified by the 1877 Wi Parata court decision, which infamously declared the Treaty a "nullity," denying Māori rights for nearly a century.

The Waikato War (1863–64)

As settler demand for land increased, the Crown turned to military force to expand its territory. Māori in the central North Island formed the Kiingitanga (Māori King Movement) in the 1850s to aggregate tribal power and protect their culture and land from sales.

• Pretext for Invasion: Triggered by Governor George Grey’s desire for land, the invasion was based on false rumors that Waikato tribes were planning to attack Auckland. To facilitate the invasion, the Crown built the Great South Road deep into Māori territory.

• The Rangiaowhia Tragedy (Feb 1864): During the campaign, British forces bypassed Māori warriors at the strong Paterangi line to attack Rangiaowhia, which was a known non-combatant sanctuary for women, children, and the elderly.

• War Crimes: British soldiers attacked the village at night, shooting people as they tried to surrender and setting fire to a church where villagers were hiding, burning them alive. While British accounts often framed this as a military victory, Māori records identify it as pahahua—a treacherous murder and war crime.

Abuse in State Care (1950–1999)

A significant legacy of colonisation is the systemic harm experienced by Māori children within state institutions during the latter half of the 20th century.

• Systemic Abuse: Between 1950 and 1999, thousands of tamariki (children) and rangatahi (young people) Māori were admitted to state care or adopted into non-kin families. These children were disproportionately represented in care settings and experienced widespread physical, sexual, and emotional abuse and neglect.

• Cultural Disconnection: Being removed from their families resulted in a profound disconnection from whānau, hapū, iwi, and whenua. This alienation from their culture and identity removed the protective factors provided by strong social bonds and exposed them to heightened risk factors for crime.

• Pathway to Incarceration: The findings of the 2024 Royal Commission of Inquiry revealed that two out of five (42%) Māori who were in state residential care later received a prison sentence. This institutionalisation frequently served as a direct pathway into gangs and the modern criminal justice system.

Statistical Reality of Overrepresentation

Statistics from 2019 and 2024 highlight deep disproportionality (comparing group representation to total population) and disparity (comparing rates between ethnic groups):

• Police Proceedings: Māori account for 37% of people proceeded against by police.

• Convictions: Māori make up 45% of all people convicted.

• Incarceration: Māori constitute 52% of the prison population, including approximately 50% of male and 60% of female prisoners.

• Recidivism: Māori are more likely than non-Māori to be re-sentenced within two years of release.

• Victimisation: Māori are also significantly more likely to be victims of crime compared to the general population.

Criminological and Cultural Critiques

In 1988, Moana Jackson’s report, He Whaipānga Hou, provided an enduring critique of the CJS, arguing that the system is institutionally racist because it excludes Māori values and reflects an imposed European cultural system.

Pākehā Worldview

The system defines rights and justice through a Pākehā lens, which Jackson argues alienates Māori offenders and renders criminal justice responses ineffective

Māori Criminology

This field seeks to move beyond an "administrative crime control" fixation to focus on decolonisation and the empowerment of justice solutions guided by mātauranga Māori (Māori knowledge)

Youth Justice

Interventions include Family Group Conferencing (FGC), which aims to restore balance and reintegrate youth offenders. Since 2008, Ngā Kooti Rangatahi (Marae-based Youth Courts) have incorporated Māori protocols and language into the judicial process

integration of maori and western

Psychological practice within the CJS increasingly uses the He Awa Whiria (Braided Rivers) approach, which brings together the strengths of both Māori and Western psychological frameworks.

Tai Aroha

A residential program for high-risk men that blends cognitive-behavioural therapy (CBT) with Tikanga Māori principles

Whare Tapa Whā

Māori health models, focusing on spiritual, mental, physical, and family wellbeing, are used to make treatments more culturally relevant

Holistic Wellbeing

Tools like Kanga cards help identify key values to recalibrate the experiences of whānau and help individuals "stand tall" in their culture again

Positive Change

Young Māori men born between 2001 and 2005 have approximately one-seventh the imprisonment rate of Māori men born between the 1940s and 1970s

Declining Risk

There has been a steady drop in Youth Court charges and a decline in adolescent substance use across ethnic groups

Data Caution

Experts caution that statistics can be misleading due to recording biases, such as ethnicity being "judged" by observers rather than based on self-identification or whakapapa

Clinical Practitioner Approach

This subjective method relies on a professional’s clinical experience and theoretical models to make judgements about an offender's motivations and psychopathology. This approach has been criticized for poor accuracy and a lack of scientific rigour. A notable failure of this method was the John Glover ("Granny Killer") case, where a psychiatric profile incorrectly suggested the killer was a young man in conflict with his father, diverting police from the actual 57-year-old perpetrator.

Criminal Investigative (Top-down) Approach

Developed by the FBI, this approach starts with a "big picture" and fits a crime to existing typologies, such as organised vs. disorganised offenders. Organised offenders tend to plan their crimes and show self-control, while disorganised offenders act randomly with little preparation

Scientific Statistical (Bottom-up) Approach

Pioneered by David Canter, this approach uses actuarial data and "profiling equations" (A=C) to link crime scene actions (A) to offender characteristics (C) based on statistical patterns from large datasets. It relies on the consistency hypothesis (offenders are consistent in their behaviour) and the differentiation hypothesis (offenders differ from one another in useful ways)

Geographic Approach

This method examines the movement patterns of offenders to predict their likely home base or place of work. It is based on routine activity theory and the distance decay function, which suggests that the probability of a crime decreases as distance from the offender's home increases. Offender types in this model include hunters (who search near home) and commuters (who travel to a specific area to offend)

Eyewitness Testimony and the Malleability of Memory

Mistaken identification by eyewitnesses is one of the leading causes of wrongful convictions, often revealed through DNA exonerations. Psychology highlights that memory is reconstructive rather than reproductive; it is a process of building an account rather than playing back a recording

Factors Affecting Accuracy

Accuracy is influenced by the ADVOKATE mnemonic: Amount of time under observation, Distance, Visibility, Obstruction, Known before, Any reason to remember, Time lapsed, and Errors or discrepancies

The Misinformation Effect

People are highly susceptible to having their memories distorted by post-event suggestions or leading questions. For example, in the Loftus and Palmer (1974) study, participants reported higher speeds for a car crash when the word "smashed" was used instead of "hit" or "collided"

The Weapon Focus Effect

The presence of a weapon can cause a witness to narrow their focus to that object, resulting in poorer memory for other details of the event

Confidence and Accuracy

Research indicates that an eyewitness's confidence is not a reliable predictor of the accuracy of their recall, though confidence is easily influenced by feedback from investigators

The PEACE Framework

Used routinely in the UK and New Zealand, this non-coercive model involves five stages: Planning/Preparation, Engage/Explain, Account, Closure, and Evaluation

The Cognitive Interview (CI)

This evidence-based technique uses memory mnemonics to enhance recall: reinstating the context (visualising the scene), reporting everything (even trivial details), recalling in different orders, and changing perspectives

The Reid Technique

Common in the US, this is a guilt-presumptive and confrontational interrogation method intended to extract confessions. It uses maximization (emphasizing the certainty of guilt) and minimization (offering face-saving excuses)

False Confessions

Manipulative techniques like the Reid model increase the risk of false confessions, which can be voluntary, coerced-compliant (confessing to escape a stressful situation, like the Central Park 5), or coerced-internalized (where the suspect begins to believe they are guilty, like Michael Crowe or Brendan Dassey)

confirmation bias

is the human tendency to seek information that confirms pre-existing beliefs, which in investigations can lead to "tunnel vision". This is often exacerbated by expectancy effects, where an investigator's expectations unintentionally influence a witness's behaviour.

Lineup Best Practices

To reduce mistaken identification, lineups should ideally be double-blind (where neither the witness nor the administrator knows who the suspect is). They should use innocent fillers who match the witness's description so the suspect does not "stick out"

Reducing Bias in Investigations

Strategies include training in awareness of cognitive shortcuts, blind evaluation of evidence, assigning a "Devil's Advocate" to challenge assumptions, and ensuring a diverse investigative team

Clinical Role

The most common role, involving the assessment of a defendant's mental state through intensive interviews and psychometric testing. Unlike a therapeutic relationship, the "client" is usually the referral source (e.g., a solicitor or the court), and the psychologist's opinion must be unbiased advice to the court rather than an advocacy for the examinee

Experimental Role

The psychologist uses research data to inform the court on specific issues. This can involve conducting an experiment directly relevant to a case (e.g., a "voice parade" study) or testifying about general psychological principles, such as the vagaries of eyewitness memory

Actuarial Role

This involves applying statistical probabilities to specific behaviors or events, such as the likelihood of finding two people with identical personal characteristics in the same town

Advisory Role

The psychologist advises lawyers on the psychological evidence provided by other experts, helping to identify weaknesses and prepare for cross-examination. In this role, the psychologist acts as a form of peer-reviewer rather than an expert witness

Fitness to Plead (Competency to Stand Trial)

Under the Criminal Procedure (Mentally Impaired Persons) Act 2003, a defendant must be intellectually and psychologically capable of understanding the charges, following the proceedings, and instructing their lawyer. This assessment focuses on the defendant’s state of mind at the time of the trial

The Insanity Defence

This focuses on the defendant's mental state at the time of the offence. To achieve a "not guilty by reason of insanity" verdict, the defence must prove that a mental disease or defect rendered the person incapable of understanding the nature of their act or knowing it was morally wrong

Mens Rea and Actus Reus

For a guilty verdict, the court must prove both the guilty act (actus reus) and the criminal intent (mens rea). Psychologists often consult on the mens rea component to determine if a mental disorder affected the intent

The Story Model

Jurors construct plausible narratives from the trial information and select the one that best fits the facts and their own life experiences

The Mathematical Model

Jurors assign weighted values to each piece of evidence and average them to reach a conclusion

Jury Biases

Jurors are susceptible to various biases, including defendant attractiveness, racial bias, and socio-economic status. Pre-trial publicity is particularly difficult to combat; even when instructed to disregard media reports, jurors often struggle to do so

Death Qualification (USA only)

In capital cases, jurors must be "death qualified," meaning they don't hold views so strong they would prevent them from following the law regarding the death penalty. However, research suggests this process creates a pro-prosecution bias

Methods of Risk Assessment - Unstructured Clinical Judgement

Based on a professional's intuition and experience; research has shown this is often inaccurate, predicting violence correctly only about 1 in 3 times

Methods of Risk Assessment - Actuarial Assessment

Uses mechanical tools (e.g., Static-99) to code and tally risk factors, providing a probability estimate based on data from similar groups

Methods of Risk Assessment - Structured Professional Judgement (SPJ)

Combines the coding of risk factors with a clinician's structured professional final judgement (e.g., low, moderate, or high risk)

Criminogenic Needs

Risk assessments often target the "Central Eight" changeable risk factors, such as antisocial attitudes, substance abuse, and problems with employment, which are the focus of rehabilitation programs designed to reduce recidivism

Western legal systems generally identify four primary purposes for imprisonment

• Public Protection (Incapacitation): Removing the offender's opportunity to commit crimes in the community.

• Punishment/Retribution: Making individuals pay for their misdeeds and restoring a sense of justice.

• Deterrence: Discouraging the individual (specific deterrence) or the general public (general deterrence) from future crime.

• Rehabilitation: Providing a structured environment to deal with the processes that gave rise to the criminality.

effectiveness of imprisonment

Despite these goals, research indicates that punishment alone is an ineffective deterrent. Increasing the severity of a sentence, including the use of the death penalty, has been shown to have no effect on crime rates. Recidivism rates remain stubbornly consistent at approximately 55-60%, though targeted psychological interventions can reduce this to below 40%.

Psychological Effects of Imprisonment

• Dependence on Structure: The loss of autonomy can make prisoners dependent on the institution for decisions, leading to anxiety when they are eventually released and expected to be independent.

• Hyper-vigilance and Distrust: Because prisons are dangerous, inmates often become constantly alert to risk and project a "hard man" image to avoid exploitation.

• The "Prison Mask": Many develop an unrevealing, impenetrable emotional void as a survival mechanism, leading to alienation and social incapacitation.

• Re-traumatisation: A high percentage of inmates have experienced childhood distress; the "pains of imprisonment" often renew recollections of earlier trauma, leading to post-traumatic stress (PTSD) reactions.

• Suicide and Self-Harm: The risk is highest during the early days of reception due to "culture shock" and the sudden loss of empowerment.