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9 US-China L. Rev. 1 (2012)

handle is hein.journals/uschinalrw9 and id is 1 raw text is: US-CHINA LAW REVIEW VOL. 9 FEBRUARY 2012 NO. 1 ARTICLES PUNISHING RECIDIVIST OFFENDERS IN NEW ZEALAND USING THREE STRIKES LEGISLATION: SOUND POLICY OR PENAL EXCESS? Warren J Brookbanks* The article surveys the Three Strikes sentencing regime introduced in New Zealand in June 2010. Its existence was attributable to the peculiarities of an Mixed Member Proportional (MMP) electoral system which allows minor parties to punch above their numerical weight. The article examines the history of the legislation and describes the structure and origins of Part 1 of the Sentencing and Parole Reform Act 2010, in which the Three Strikes law is located. It then considers the likely legal and psychological consequences on those offenders incarcerated under the legislation, including the impact of pretextuality and populism on the construction of the law. The article examines the problem of bifurcation as it applies to the Three Strikes regime before concluding with some comments on the negative benefits of the Three Strikes law for New Zealand's criminal justice system. INTRODUCTION..........................................................1 I. THE STRUCTURE AND ORIGINS OF THE LEGISLATION. .....................3 A. Manslaughter. ......................................5 B. Murder....................................................6 C. No Scope for Mitigation .............................. 6 II. LEGAL AND PSYCHOLOGICAL CONSEQUENCES.........................7 A. Pretextuality. ......................................8 B. Populism.........................................10 * Professor of Criminal Law, the University of Auckland, New Zealand. The article is based on a keynote address given at the Australia and New Zealand Association of Psychiatry, Psychology and Law and the Royal Australian & New Zealand College of Psychiatrists 2011 Joint Conference, Wellington, November 16-19, 2011. 1

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