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What Is Penal Populism? The Power of Penal Populism: Public Influences on Penal and Sentencing Policy from 1999 to 2008 By Tess Bartlett A thesis submitted to the Victoria University of Wellington in Fulfilment of the Requirements for the Degree of Master of Arts in Criminology View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ResearchArchive at Victoria University of Wellington School of Social and Cultural Studies Victoria University of Wellington June 2009 Abstract This thesis explains the rise and power of penal populism in contemporary New Zealand society. It argues that the rise of penal populism can be attributed to social, economic and political changes that have taken place in New Zealand since the post­war years. These changes undermined the prevailing penal­welfare logic that had dominated policymaking in this area since 1945. It examines the way in which ‘the public’ became more involved in the administration of penal policy from 1999 to 2008. The credibility given to a law and order referendum in 1999, which drew attention to crime victims and ‘tough on crime’ discourse, exemplified their new role. In its aftermath, greater influence was given to the public and groups speaking on its behalf. The referendum also influenced political discourse in New Zealand, with politicians increasingly using ‘tough on crime’ policies in election campaigns as it was believed that this was what ‘the public’ wanted when it came to criminal justice issues. As part of these developments, the thesis examines the rise of the Sensible Sentencing Trust, a unique law and order pressure group that advocates for victims’ rights and the harsh treatment of offenders. The Trust became an increasingly authoritative voice in both the public and political arena, as public sentiments came to overrule expert knowledge in the administration of penal policy. Ultimately, it argues that the power of penal populism is so strong in New Zealand that attempts to resist it are likely to come to little, unless these forces that brought it to prominence can be addressed and negated. To date, this has not happened. 2 Acknowledgements Writing this thesis has quite definitely been the most challenging task I have ever set for myself. My knowledge has increased substantially and from the outset there were those who happily assisted me: First, I’d like to express my acknowledgments to my primary supervisor Professor John Pratt. His knowledge on penal populism and the sociology of punishment, along with his ability to provide an extremely thorough critique of my multiple drafts, has enhanced my writing to no end. I would also like to extend this acknowledgement to my secondary supervisor Dr Elizabeth Stanley. Her unrelenting willingness to provide endless critique, as well as moral support, has been profound and has enabled me to stay focused and positive throughout the year. I would also like to acknowledge the Ryoichi Sasakawa Young Leaders Fellowship Fund for giving me the opportunity to complete this thesis. Without being awarded the Ryoichi Sasakawa Scholarship it would not have been possible. It not only gave me the opportunity to study full time, but also enabled me to attend the Prison Fellowship New Zealand’s 25 th Annual Conference ‘Changing the Landscape’ in 2008 and the 2009 Australia and New Zealand Critical Criminology Conference at Monash University, Melbourne. Thank you to my parents Jenny Keeton and Jedd Bartlett for your encouragement, you are both an inspiration. To my three beautiful sisters Rachel, Emma and Sarah whose love and support I appreciate even from afar. Also to my extended family whose interest in my academic life has been hugely appreciated. I would like to express my deepest acknowledgements to my partner Jon Mitchell. His love and friendship enabled me to stay positive (and smiling) even in the hard times. To Jon, Natalie, Preston, Anna, Simon, and all my amazing friends, thank you for your enthusiastic support and your willingness to ask me how my thesis was going even when you knew what the answer was. I’d like to acknowledge Anne Holland for guiding me to several essential sources. My warmest thanks extend to Carolyn Hooper who, with her extensive knowledge 3 on Endnote, got me to an advanced stage in no time! To the postgraduate students and staff in the School of Social and Cultural Studies, it has been a pleasure to work alongside you all. Thank you also to the school for providing me with the cosy office space that enabled me to work all hours of the day. Writing this thesis has been an incredible journey of discovery and I believe it would not have been possible without all of you, thank you. Tess Bartlett 4 Contents Abstract ................................................................................................................... 2 Acknowledgements.................................................................................................. 3 Contents................................................................................................................... 5 List of Tables and Figures........................................................................................ 6 Introduction ............................................................................................................. 7 What is Penal Populism?...................................................................................... 9 Post­war Security and Penal­welfarism .............................................................. 11 From Penal­welfarism to Penal Populism........................................................... 13 Methodology...................................................................................................... 17 Chapter One: The Rise of Penal Populism in New Zealand.......................................................... 20 Penal­welfare and Post­war Prosperity ............................................................... 21 Penal Policy in New Zealand from 1954 to 1984................................................ 25 The Age of Insecurity......................................................................................... 29 Chapter Two: Pressure Groups and the Emergence of the Sensible Sentencing Trust.................... 40 Victim Support Groups in New Zealand............................................................. 41 Introducing the Sensible Sentencing Trust: The Pressure Group......................... 44 The Sensible Sentencing Trust and the Media .................................................... 49 Main Techniques of the Sensible Sentencing Trust............................................. 53 Chapter Three: Penal Developments in New Zealand: 1999 ­ 2006 ................................................ 62 The Consolidation of the Sensible Sentencing Trust........................................... 62 Public opinion in sentencing .............................................................................. 64 Law and Order Politics....................................................................................... 65 The Growth of the Prison ................................................................................... 76 Chapter Four: Resistance to Penal Populism in New Zealand – is it possible?............................... 79 New Zealand’s Prison Crisis .............................................................................. 79 ‘Effective Interventions’ .................................................................................... 82 Media Scandal in Penal Policy ........................................................................... 88 The Underlying Rhetoric of Law and Order ....................................................... 94 The 2008 General Election................................................................................. 97 Conclusion........................................................................................................... 100 Bibliography........................................................................................................ 106 5 List of Tables and Figures Table 1: Reference to specific influential individuals, victims’ groups, and prison reform groups in the Dominion Post and the New Zealand Herald from 01 January 2004 to 31 December 2004………………………………………………………….50 Figure 1: Imprisonment rate in New Zealand (Including Sentenced and Remand Inmates) from 1990 to 2008. .................................................................................... 7 Figure 2: Recorded Crime in New Zealand per 1,000 of Population from 1988 to 2007…………………………………...……………………………………………...8 6 Introduction In September 2007, New Zealand imprisoned 200 people per 100,000 of the population; amongst Organisation for Economic Co­operation and Development (OECD) countries, this rate was second behind the United States (Department of Corrections, 2008b). 250 200 0 0 ,0 0 0 1 150 r e p e t a r t n e nm 100 o s ri p Im 50 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year Figure 1: Imprisonment rate in New Zealand (Including Sentenced and Remand Inmates) from 1990 to 2008 (Department of Corrections, 2006, 2008b; Ministry of Justice, 1997, 2008; Statistics New Zealand, 2008). New Zealand’s level of imprisonment is illustrated in Figure 1 (displaying original data produced from population estimates and prison population statistics from 1990 to 2008)1 . What can be seen is a steady increase in imprisonment up until 2001, after 1 This figure excludes
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