Outcomes for Māori: A challenge to justice

Murray Short2015

What I will cover

Crime and sentence numbers, rates and trends

Ethnicity statisticsCrime and victimisation risk

factorsComparative social statisticsUnited Nations commentary

Recorded Offences Per 100,000 Population

1994

1996

1998

2000

2002

2004

2006

2008

2010

2012

2014

0

2000

4000

6000

8000

10000

12000

14000

Source: Statistics NZ, Recorded Crime Tables 2014

Adults Convicted by Offence Category

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

2010

2012

0

5000

10000

15000

20000

25000

30000

35000

40000

Traffic Against person Justice, GovtProperty Drug

Source: Statistics NZ, Criminal Conviction and Sentencing Statistics, 2013

Adults Convicted: Most Serious Sentence

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

2010

2012

0

10000

20000

30000

40000

50000

60000

Monetary Community SentenceCustodial Conv & DischargeHome Det Other

Source: Statistics NZ, Criminal Conviction and Sentencing Statistics, 2012

Adults Convicted : Custodial Sentences

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

2010

2012

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

Source: Statistics NZ, Criminal Conviction and Sentencing Statistics, 2012

Prison Sentences Per 100,000 Population

1991

1993

1995

1997

1999

2001

2003

2005

2007

2010

2012

0

50

100

150

200

250

Source: Statistics NZ, Population Estimates and Criminal Conviction and Sentencing Statistics 2012

Prison population

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

Source: Department of Corrections, Offender Population Report 2013

Prisoners per 100,000 population 2011

Japa

n

Icel

and

Norway

Swed

en

Kore

a

Irela

nd

Canad

a UK

Hunga

ry

Slov

akia

Mex

ico

Pola

ndChi

le US0

100

200

300

400

500

600

700

800

Source: Te Ara The Encyclopaedia of New Zealand

Population and Ethnicity

2006 2011 2016 2021 20260

500

1000

1500

2000

2500

3000

3500

4000

European Māori Pacific Asian

Source: Statistics NZ , National ethnic Population Projections 2006 - 2026

Convicted Adults: Ethnicity

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

2007

2009

2011

2013

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

European Māori PacificOther Unk/Corp

Source: Statistics NZ, Convicted Offenders 2012

Convicted Adults: Prison sentences by Ethnicity

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

2007

2009

2011

2013

0

1000

2000

3000

4000

5000

6000

European Māori PacificOther Unkn/Corp

Source: Statistics NZ, Convicted Offenders 2012

Prison Population: Ethnicity

1980 1985 1990 1995 2000* 2005 2010 20130

500

1000

1500

2000

2500

3000

3500

4000

4500

5000

European Māori Pacific Asian Unknown

*From 2000 includes remandeesSource: Department of Corrections, Offender Volumes Report 2011 and 2014

Crime risk factors

Family factors - young mothers with low SES, parenting styles

Age between 12-20 yearsMaleChildhood conduct problemsLow engagement and participation at

schoolPoor educational outcomesLow SES(unemployment, low income

etc) Source: Ministry of Justice, Māori at Risk of Crime: Some Factors, 2009

Crime victimisation Māori experience much higher rates of

crime victimisation47.5% of Māori were the victim of at

least one crime in 2005. The Māori victimisation rate was 1.3

times the European rate.

Source; Ministry of Justice, New Zealand Crime and Safety Survey Analysis of the Māori experience 2006

Crime victimisation risk factors

Age between 15-29 yearsFlatting or rentingIn sole parent householdOn welfare benefitsIn high social disorder areaIn households of 5+ people

Source; Ministry of Justice, New Zealand Crime and Safety Survey Analysis of the Māori experience 2006

Comparative StatisticsLife expectancy 2012 (Years)

Non-Māori male – 80.2Non-Māori female – 83.7Māori male – 72.8Māori female – 76.5

Suicide 2011 (per 100,000)Non-Māori male – 14.6Non-Māori female – 3.8Māori male – 25.7 Māori female – 8.4

Statistics cont.Employment rate 2013

Non-Māori – 66.3%Māori – 57.3%

Unemployment rate 2013European – 4.9%Māori – 12.9%

Median hourly earnings wage/salaryEuropean – $22.50Māori - $18.82

Statistics cont.New school entrants with ECE

European – 98.2%Māori – 92.3%

School leavers with NCEA L2 plusEuropean – 84.7%Māori – 63.2%

Proportion adults with NCEA L4 plusEuropean – 54%Māori – 37%

Making comparisonsRather than compare the

proportion of Māori apprehensions to the proportion of Māori in the general population... we should examine whether the proportion of Māori who are young, male, unmarried, unemployed, uneducated, in substandard housing, is reflected in the apprehension statistics.

Simone Bull, Changing the broken record: New theory and data on Māori offending

The vicious cycle“As long as...crime news casts

Maori in a consistently negative light, the discourse surrounding Māori crime won’t change; therefore nor will Maori criminal justice outcomes. As Foucault (cited in Davidson, 1997) famously said, discourse is not merely a surface inscription. It brings about effects.”Simone Bull, Changing the broken record: New theory and data on Māori offending

UN Working Group on Arbitrary Detention 2014

“The Working Group found indications of bias at all levels of the criminal justice process...”

“Incarceration that is the outcome of such bias constitutes arbitrary detention in violation of international law.”

UN Working Group on Arbitrary Detention, 7 April 2014

UN Human Rights Committee Concluding Observations 2010“...the Committee notes with concern the

disproportionately high incarceration rate of Māori, in particular Māori women. It is also concerned that the proportion of Māori among persons accused of a crime as well as among victims of crime is substantially higher than their proportion within the general population, which points to underlying social causes and raises concerns regarding the possibility of discrimination in the administration of justice.”

UN Committee on Economic, Social and Cultural Rights 2012

“...the Committee is concerned that Māori and Pasifika continue to be disadvantaged in the enjoyment of economic, social and cultural rights, in spite of measures taken by the State party and improvements in the area of health and education.

Committee on the Elimination of Racial Discrimination 2013“.. The Committee urges the State

party to intensify its efforts to address the overrepresentation of members of the Māori and Pasifika communities at every stage of the criminal justice system. In this regard , the Committee urges the State party to provide comprehensive data in its next periodic report on progress made to address this phenomenon.”