About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 NZWLJ 136 (2019)
Criminalising Parental Failures: Documenting Bias in the Criminal Justice System

handle is hein.journals/nzwomlj3 and id is 140 raw text is: CRIMINALISING PARENTAL FAILURES Documenting bias in the criminal justice system Julia Tolmie, Fleur Te Aho and Katherine Doolin, with Sylvie Arnerich and Natanahira Herewini* In this article some evidence is presented to suggest that Mdori women are overrepresented in the group of parents who are prosecuted for the criminal breach of a parental duty. It is suggested that this over-representation may reflect, at least in part, bias in the application of the law. Examples are providedfrom the case law to illustrate how norms and assumptions around race or ethnicity, class and gender may operate in practice to disadvantage such women. I INTRODUCTION The duty that parents have under s 152 of the Crimes Act 1961 towards their children was drawn so broadly when it was reformed in 2Oi,1 that since then, potentially every New Zealand parent with the care and charge of their child could be subject to scrutiny and criminal prosecution at some point in time.' In a previous article, we set out the law governing when parental Julia Tolmie, Professor, University of Auckland; Dr Fleur Te Aho (Ngati Mutunga), Lecturer, University of Auckland; Dr Katherine Doolin, Senior Lecturer, University of Auckland. Natanahira Herewini's (Te Rarawa, Ngati Kahu, Ngai Takoto, Ngati Kuri, Ngapuhi, Te Aupouri) contribution to this article was generously supported by a Michael and Suzanne Borrin Foundation - Nga Pae o te Maramatanga Legal Research Internship Award for 2017-2018. I Crimes Amendment Act (No 3) zoI, with effect from 19 March zoz. 2 Julia Tolmie Criminalising Failure to Protect (zoii) II NZLJ 375.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most